Legal Terms

Byron Capital Markets Ltd.’s Legal Notices and Terms of Use

1. Legal Notices and Terms of Use Binding.

By accessing this website of Byron Capital Markets Ltd. (“Byron”), and any pages hereof, you agree to be bound by the terms of these Legal Notices and Terms of Use (the “Terms”). If you do not agree with the Terms, do not use this website or any pages thereof. We reserve the right, in our sole discretion, to modify, alter, delete or otherwise update the Terms at any time without notice to you and you agree to be bound by such modifications, alterations, deletions or updates. Accordingly, you should review the Terms each time you access this website.

2. Material to be Consulted in its Entirety.

All Materials at this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

3. Use of Information.

You hereby agree under seal that you shall not use any information contained in this website or the links to this website in any claims, proceedings, suits, actions, regulatory complaints or any adversarial process against Byron.

4. No Advice.

The information provided on this website is intended for informational purposes only and is not intended to constitute investment, financial, legal, tax or accounting advice. Many factors unknown to us may affect the applicability of any statement or comment made on this website to your particular circumstances. Hence you should not rely on the information on the website for investment, financial, legal, tax or accounting advice. You should directly consult your financial professional or other advisors before acting on any information on this website. Also, the material on this website is provided with the understanding that Byron is not acting in a fiduciary capacity.

5. No Offer or Solicitation.

Nothing on the website shall be construed as an offer to sell or a solicitation of an offer to buy any securities.

6. Byron’s Interest.

Byron or any affiliated companies or persons may participate in an underwriting of, have a position in, or make a market in, the securities mentioned herein, including options, futures or other derivative instruments thereon, and may, as principal or agent, buy and sell such products. Furthermore, Byron may have managed or co-managed a public offering of, or acted as initial purchaser or placement agent for a private placement of, any of the securities of any issuer mentioned at this website, or may from time to time perform investment banking or other services for, or solicit investment banking or other business from, companies mentioned on this website.

7. U. S. Residents.

Any securities mentioned on this website may not be eligible for sale in some states, and they may not be suitable for all types of investors. Any U.S. residents accessing this website and wishing to effect a securities transaction referred to on this website should contact a duly registered and licensed US broker-dealer.

8. Waiver of Liability.

Under no circumstances, including but not limited to, negligence, tortious action or any other cause of action, shall Byron be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the access or use of this website, or the inability to access or use the material at this website, even if Byron or its representative is advised of the possibility of such damages or such damages are reasonably foreseeable, other than those consequential or incidental damages which are incapable of exclusion, restriction, or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of liability for consequential or incidental damages, in which case, in no event Byron’s total liability for any and all damages and causes of action shall exceed the amount paid by you, if any, for the use of this website.

Byron cannot guarantee execution of securities trading order details sent to or from Byron electronically as the timely receipt or integrity of information transmitted to or from Byron electronically cannot be assured. Please contact your advisor directly to place any securities trading orders.

9. No Representation, Warranty or Condition.

Byron does not warrant the accuracy, completeness, quality, adequacy or content of any information or tool provided on this website and should not be relied upon as such, nor does it make any warranty as to the results that may be obtained from the use of this website. All information provided on this website is provided “as is” without representation, warranty or condition of any kind, either express, implied or statutory, including without limitation, implied representations, warranties or conditions of merchantability, fitness for particular purpose, title, or non-infringement of intellectual property rights, other than those warranties which are implied by and are incapable of exclusion, restriction, or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of implied warranties. Byron does not undertake to advise you of any change in the reported information or in the opinions herein.

10. Hyperlinks.

The websites linked to this website are not under the control of Byron and Byron is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked website or any link contained in a linked website. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice.

11. No Endorsement.

Other websites accessed by hypertext in this website have been independently developed by parties other than Byron. Byron provides these hyperlinks only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Byron of any third party products, services or information provided on the linked website is expressed or implied by any information or content referred to or included on, or linked from or to this website. Your use of the linked websites may be subject to terms and conditions contained in those websites, which you should locate and carefully review.

12. Monitoring.

Byron is under no obligation to monitor the website and assumes no responsibility or liability should its content be modified or altered in any way without Byron’s consent.

13. Damage.

Byron assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property as a result of you accessing, using, browsing or downloading of any materials, data, text, or images from this website.

14. Right of Indemnification.

You agree to defend, indemnify and hold Byron, its officers, directors, employees and suppliers harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the website or with the placement or transmission of any message or information on the website by you.

15. Copyright.

You should assume that everything you see or read on the website is copyrighted unless otherwise noted and may not be used without the written permission of Byron, except for non-commercial use provided that you do not modify the content and that you display all copyright and other proprietary notices contained in the content. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the content.

16. Trademarks.

The trademarks, logos, service marks and other names, logos and icons identifying products and services (collectively the “Trademarks”) displayed on the website, are registered and unregistered Trademarks of Byron.

17. Consent.

You hereby authorize Byron to collect and retain all relevant information relating to your use of the website. You further authorize any third party to provide Byron with such information. Please review Byron’s privacy policy posted on this website.

18. Waiver.

Byron’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

19. Governing Laws.

These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada, applicable therein, and you agree to be bound by the laws of these jurisdictions. You agree to attorn to the jurisdiction of the Province of Ontario.

20. Client Accounts.

Byron will only open client accounts for investors who reside in a jurisdiction where Byron is registered or an allowable securities registration exemption exists.

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