TERMS OF USE

1.Terms of Use Agreement: 

Terms of Use Agreement (“Terms of Use”) is a binding contract between you and Accilent, and governs use of the website and all products, services, content, tools and information available through the website.  By using or accessing the website you accept and agree to be bound by these Terms of Use.  If you do not agree with the terms and conditions of the Terms of Use Agreement, you are not granted permission to access or otherwise use this website.


2.Acceptance of the Terms of Use and any Amendments

This Terms of Use Agreement (the "Terms of Use") states the terms and conditions under which you may use the website located at accilentcapital.com and all products, services, content, tools, and information available through the website (referred to collectively as the "Site" or the "Site Content"). Please read the Terms of Use carefully. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use.

These Terms of Use are in addition to any other agreements between you and us, including any customer or account agreements that govern your use of Accilent's products, services, content, tools, and information referred to on this Site.

Your use of this 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 this Site and the Terms of Use at any time, without notice. If you use 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.

AUTHORIZED USE AND MEANS OF ACCESS

1.Personal use

This Site is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing.

2.Canadian resident use

This Site is intended for residents of Canada only. If you choose to access this Site from international locations, you do so at your own risk, and are responsible for compliance with all applicable laws.

3.Site provided as service and for information purposes only

Reasonable precautions have been taken to ensure that Site Content, including account information and pricing data, are 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 assure the accuracy of the data you access through this Site. Site Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons. Accilent Capital Management Inc. has no duty to update this Site or any Site Content. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.

4.Means of Access: 

Site is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels.  Be aware that other means to access the site may not accurately represent the Site and you use them only at your own risk.  You are responsible for setting the cache setting on your browser to ensure that you are receiving the most recent data.

5.Permitted Uses: 

Accilent grants you a non-exclusive, personal, and non-transferable, non sublicensable, limited and revocable right to 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 Users”).

6.Printing Site: 

You may print copies of Site’s Content, provided that these copies are made only for the Permitted Use.

 INVESTMENT WARNING

1.Sale in Canada: 

Products sponsored by Accilent Capital Management Inc. (“Accilent”) are qualified for sale only in Canada unless otherwise specified.  Products and services are available only in jurisdictions where they may be lawfully offered for sale and are restricted to Accredited Investors and Eligible Investors only as such terms are defined in the applicable prospectus and offering memoradum.  Not all products/services available in all geographical locations.

2.Offer or solicitation: 

Neither this website (“Site”) nor a prospectus for Accilent products constitutes an offer or solicitation.  Nothing in Site is intended to constitute advertisement for promotion of such products/services in other jurisdictions.

3.Investing General: 

Commissions, trailing commissions, management fees and expenses all may be associated with Accilent products.  Please read prospectus before investing.

4.Advice: 

Site is not intended to provide specific individual advice (investment, financial, legal, accounting, tax).  Site should not be used as substitute for personal advice from a representative of Accilent or its affiliated companies or an appropriate professional advisor.

5.Prospectuses and Offering Memoranda: 

For more info on any Accilent products, contact your registered representative.  Please read the applicable Offering Memorandum or prospectus carefully before you invest, and only rely on statements made in such documents.

6.Investment Risks: 

All products are subject to certain risks.  Generally, investments offering potential for higher returns are accompanied by a higher degree of risk.  These risks are discussed in the applicable prospectus.

7.Cautions about future or “forward-looking” statements: 

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 views of Accilent or any of its affiliates.

PRIVACY, INTERNET E-MAIL, AND USAGE MONITORING

1.Privacy Policy: 

For individual unit holders of our Products, please see our Privacy Policy for a summary of the non-public personal information that we may collect and maintain about our current or former investors, our policy regarding the use of that information; and the measures we take to safeguard the information.

2.Internet E-Mail Security & Privacy: 

E-mail over Internet not a secure medium, and privacy cannot be assured.  Accilent discourages users from using e-mail for sending confidential or sensitive information.

3.Indemnity: 

Accilent will not be responsible for any harm or damage you may experience or incur by sending personal or confidential information to Accilent over the Internet by e-mail, or if we send such information at your request.

4.Usage Monitoring: 

Accilent reserves the right, but does not have the obligation, to access, archive or monitor any use of this Site, or your use of this Site and your Communications.  By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality…

COPYRIGHT

1.Contents of Site:  Contents of Site are protected by applicable copyright laws

2.Permissions:  No permission granted to copy, distribute, modify, post, or frame any text, graphics, etc.

3.Unauthorized use or exploitation:  Unauthorized use or exploitation of such contents is prohibited

TRADE-MARKS AND TRADE-NAMES

1.Protection of trade-marks and trade-names on Site

Nothing on this Site should be construed as granting any license or right to use any of the Accilent Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of Accilent and/or the owner(s) of such other trademarks. All goodwill generated from the use of the Accilent trademarks on any website will inure to our benefit.

2.Listing of trade-marks and trade-names

ACCILENT CAPITAL MANAGEMENT INC., ACCILENT, PAVILION RESOURCE FUND (PRF), WINE INVESTMENT FUND CANADA (WIFC), RIGHT ON THE MONEY (ROTM),

3.Unauthorized use or exploitation:  Unauthorized use or exploitation of such trade-marks and trade-names is prohibited

THIRD-PARTY REFERENCES AND LINKS

1.Independent Sites: 

Site accessed by hypertext links appearing in Site have been independently developed and Accilent does not guarantee accuracy nor endorse information or any product in these other sites.

2.Third Party Service Providers: 

Accilent may utilize third party service providers to provide certain tools and/or programs, some of which may be housed on a third party server or a site that has been independently used by others.  Hence, while accessing this site you may be linked to such other third party servers.  Access to other sites or use of any third party tools or programs on this Site are subject to all the terms and conditions found herein.

3.Endorsements/approval: 

Reference on Site to third parties’ goods or services are not endorsements or approval of such goods and services.  Links to other sites are not approvals or endorsements of such sites and their products and services.

4.Liability: 

No liability assumed to incompatibility, non-suitability, viral infection, worms, destructive/disruptive components on or from such sites.

LINKING TO SITE

1.Express Written Permission to link to Site

Linking to the Site is not permitted.

2.Framing, mirroring, scraping or data-mining of this Site or any of its content in any form and by any method is prohibited

The contents of this Site are protected by applicable copyright laws. No permission is granted to copy, distribute, modify, post, or frame any text, graphics, video, audio, software code, user interface design, logos, or other works. Unauthorized use or exploitation of such contents is strictly prohibited, including without limitation unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.

 

INDEMNITY

1.Use of Site at Own Risk

You agree by accessing this site, you do so at your own risk.

2.Indemnity:  

You agree to indemnify and hold harmless Accilent and its affiliates, agents, suppliers and their respective directors, officers and employees from and against all actions.

 

DISCLAIMER OF LIABILITY

1.Site availability: 

Site is provided on an “as is” and “as available” basis.  Accilent will attempt to make this Site available for use twenty-four (4) hours per day, seven (7) days per week for authorized users.  There will be occasions when Site will be unavailable for use and users will receive a message on screen advising of site’s unavailability.

2.Not liable for any loss or damages in respect of use of, or inability to use, this Site

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ACCILENT 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 THIS 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 SNOWSTORM, FLOOD, EARTHQUAKE, OR OTHER 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 ACCILENT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE ACCILENT PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, PROVINCIAL AND LOCAL LAWS.

THESE LIMITATIONS OF LIABUILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY ACCILENT PARTY OR NEGLIGENCE OF ANY ACCILENT PARTY OR (II) WHETHER THE LIABILITY SOUNDS 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 OF ITS ESSENTIAL PURPOSE.

3.Information & Data: 

Information or data contained on website is not guaranteed to be current, accurate or complete, and is subject to change without notice.

TRANSFERS OF INFORMATION ACROSS INTERNATIONAL BORDERS

1.Consent of transfer of information across international borders

This Site is intended for residents of Canada only. If you choose to access this Site from international locations, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws.

12. TERMINATION

1.Termination

You, acknowledge and agree that Accilent may restrict, suspend or terminate the Terms of Use or  your access to, and use, of the all or any part of Site, including and links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in Accilent's absolute direction and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs set out in this Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the Site.