Legal and Terms of Use

These Terms of Use (“Terms”) govern your relationship with our website utam.utoronto.ca (the “Website”) operated by the University of Toronto Asset Management Corporation (“UTAM”, “us”, “we”, or “our”).

Please read these Terms carefully before using our website.

Your access to and use of the Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms of use, you should not use the Website.

1. Content

Our Website may post investment information and/or performance data or store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You acknowledge that no posted Content is intended to be construed as personal investing advice. The Content is not to be used for investment purposes.

No Content posted on the Website is intended to be an offer to sell or solicit, nor is it intended that any information posted on the Website be considered a prospectus, offering memorandum or any other offering document.

You will only use the Content for your lawful, personal, non-commercial purposes only, and except as otherwise authorized in these Terms, will not exploit the Content for any purpose without UTAM’s prior written consent in each instance.

2. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of “Copyright Infringement” at compliance@utam.utoronto.ca and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

3. Intellectual Property

The Website and all Content, including but not limited to text, images, graphics or code are the property of UTAM or its licensors, are protected by copyright, trademarks, database and other intellectual property rights, and are reserved by UTAM. Any use not specifically granted in writing by UTAM is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any of our trademarks or those trademarks of our affiliates. You may copy or download Content for your personal, non-commercial use only. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.

4. Privacy

The Website may contain technologies that monitor, record and report to UTAM information regarding your use of the Website. UTAM may use that information for various purposes, including Website administration and security purposes as further described in the UTAM Privacy Policy.

By using the Website, you consent to the collection, use, disclosure, and retention of your information in accordance with the UTAM Privacy Policy, as amended from time to time, and as otherwise permitted by applicable law.

5. Links To Other Web Sites

The Website may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Your dealings with third-party websites or services are at your own risk. We strongly advise you to read the terms of use and privacy policies of any third-party websites or services that you visit.

6. General Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION AND USE OF THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS, AND YOU USE THE WEBSITE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY UTAM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UTAM DOES NOT REPRESENT OR WARRANT THAT ANY OF THE WEBSITE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF UTAM WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR PROMISE.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR, AND BEAR ALL RISKS AND LIABILITIES RELATED TO, YOUR SELECTION AND USE OF UTAM CONTENT.

7. Indemnification

You agree to indemnify, defend and hold harmless UTAM, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands arising from your use of, or access to, the Website or the Content.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Website or Content; (b) your breach of any of these Terms; and (c) anything you post on, upload to, or obtain from, the Website.

8. Limitation of Liability

UTAM, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, whether direct or indirect, incidental, special, consequential or punitive, including without limitation economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Website, or inability to do so; (ii) any conduct of any third party on or related to the Website; and (iii) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.

11. Contact Us

If you have any questions about these Terms, please contact us at compliance@utam.utoronto.ca.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE.

Last Updated: April 24, 2024