termes et conditions

Important Legal Information

Please read these Terms and Conditions of Use (“Terms of Use”) carefully. Nymbus Capital Inc., (“Nymbus Capital”) a registered investment fund manager, exempt market dealer and portfolio manager owns and operates this Website (“Site”).
By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract, and you accept the Terms of Use as set forth herein and agree to be legally bound by them . If you do not agree to these Terms of Use, please do not access this website or any pages thereof.

Reservation of Rights

Your use of this Site is governed by the version of the Terms of Use that is in effect on the date this Site is accessed by you. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. All rights not expressly granted herein are reserved by Nymbus Capital. These Terms of Use inure to the benefit of Nymbus Capital, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing.

Use of Content

The Content (as defined below) of this Site is available for informational purposes only. The posting of Content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by Nymbus Capital.

Investment Risks

Past performance is no guarantee of future results. Investing in the bond and stock markets is subject to certain risks including market, interest-rate, issuer, credit, and inflation risk Equities may decline in value due to both real and perceived general market, economic, and industry conditions. The value of investments, and the income from them, can go down as well as up, and you may not recover the amount of your original investment. Where investments involve currency exposure, changes in rates of exchange may cause the value of the investment to go up or down. Diversification does not ensure against loss. Any tax benefits referred to on this Site are subject to change and their availability and value will depend on your individual circumstance. Such investments are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the Canada Deposit Insurance Corporation or by any other government deposit insurer or any other agency. Some of the investments and services on this site may not be available in or appropriate for a retirement savings plan. Please contact your financial adviser about any investment restrictions associated with your particular plan.

No Offer / No Advice

Nothing on this Site contained herein constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities be offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful. All Site Content is subject to applicable statutes and regulations. This Site is published in Canada for residents of Canada only. Any potential investor should satisfy himself that an investment in any Nymbus product is permissible under the rules and regulations of his or her domicile. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site. If you choose to access this Site from locations outside of the provinces of Canada, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws.

The information provided is for informational purposes only and investors should determine for themselves whether a particular service or product is suitable for their investment needs or should seek such professional advice for their particular situation. Please refer to the offering document(s) for further information concerning specific products. All products and services are subject to the terms of each and every applicable agreement.

The Site is not intended to provide any tax, legal, or investment advice. Nothing on the Site shall be considered as a recommendation, by Nymbus Capital or any of its affiliated sub-advisers, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Cautions about Future or “Forward-looking Statements”

Certain of the statements contained herein may be statements of future expectations and other forward-looking statements that are based on management, speaker or author current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of Nymbus Capital or any of its affiliates.

Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance or other projections are “forward-looking statements”. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects. Forward-looking statements also include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as “may”, “will”, “should”, “expects”, “anticipates”, “intends”, “plans”, “believes”, “estimates”, “predicts”, “potential” or “continue”, “preliminary”, “typical”, and other similar expressions. In addition, these statements may relate to future corporate actions, future financial performance of a fund or a security and their future investment strategies and prospects. Forward-looking statements are inherently subject to, among other things, risks, uncertainties and assumptions which could cause actual events, results, performance or prospects to differ materially from those expressed in, or implied by, these forward-looking statements. These risks, uncertainties and assumptions include, without limitation, general economic, political and market factors in North America and internationally, interest and foreign exchange rates, the volatility of global equity and capital markets, business competition, technological change, changes in government regulations, changes in tax laws, unexpected judicial or regulatory proceedings, catastrophic events. The foregoing list of important risks, uncertainties and assumptions is not exhaustive. Undue reliance should not be placed on forward-looking statements.

Nymbus Capital assumes no obligation to update any forward-looking information contained herein. Forward-looking information contained on this Site is current only as of the date the statement was made. There should not be an expectation that such information will be updated, supplemented or revised whether as a result of new information, changing circumstances, future events or otherwise.

Copyright and Trademarks

This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including any text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Nymbus Capital or its affiliates (together the “Nymbus Capital”) or are licensed to Nymbus Capital, and are protected by law. including the applicable jurisdictions’ copyright, database, trade secret, and trademark law, as well as other provincial, national, and international laws and regulations. Nymbus Capital reserve all rights with respect to Site Content and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms and Conditions, Nymbus Capital does not grant any express or implied rights to you. All rights in the pages and Site Content are owned by Nymbus Capital and their respective licensors. You agree not to sell, distribute, publish, broadcast, circulate or commercially exploit Site Content in any manner without the express written consent of Nymbus Capital. Any use of Content other than as permitted herein is expressly prohibited without the prior permission of Nymbus Capital and/or the relevant rights holder in writing. Any downloading or otherwise copying from this Site will not transfer title to any software or material to you. Unless otherwise noted, Nymbus Capital, Nymbus, and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity of the respective Nymbus Company’s ownership of, such copyrights, trademarks or any other intellectual property of any Nymbus Company, or assist any third party in doing so.

Grant of Licence

Nymbus Capital grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal, scholarly, research or non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Nymbus Capital in a form and manner acceptable to us. For information on obtaining permission to use any Content beyond the uses permitted above, please contact Nymbus Capital – 1430-1800 McGill College, Montreal, Quebec, Canada, H3A 3J6- 1-514-985-1138. Unless and except as otherwise expressly permitted by these Terms and Conditions, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site, without written permission from Nymbus Capital. Any unauthorized use of this Site or the Content will terminate the permission granted herein and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.

Nymbus Capital

Nymbus Capital is responsible for providing advisory services to the Canadian Mutual Funds and to its institutional Canadian clients. No other Nymbus entity is registered as an adviser or dealer in Canada; however, Nymbus may retain affiliated entities as sub-advisers for Canadian clients or may offer the products of affiliated entities to Canadian clients in its exempt market dealer role.

Mutual Funds

Each mutual fund has an offering document, which contains important information about the fund, including its investment objective, purchase options and applicable charges. You should read the offering document of the funds before investing in the funds. You can obtain the applicable offering document from your portfolio manager, from Nymbus Capital website, or by calling 1-514-985-1138. Management fees, expenses, commissions and trailing commissions all may be associated with mutual fund investments. The Funds’ fees are discussed in the offering document.

Unless otherwise indicated and except for returns for periods less than one year, the indicated rates of return are the historical annual compounded total returns including changes in security value. All performance data assume reinvestment of all distributions or dividends and do not take into account sales, redemption, distribution or optional charges of income taxes payable by any security holder that would have reduced returns. Mutual funds are not guaranteed, their values change frequently, and past performance may not be repeated. Mutual fund securities are not insured by the Canada Deposit Insurance Corporation or by any other government deposit insurer.

Institutional Services / Products

The institutional products described on this Site are available only to “accredited investors” (as defined in National Instrument 45-106) who are resident in Canada, and where applicable, who purchase through dealers registered in their province of residence on a private placement. The advisory services described on this Site are available only to “accredited investors” and only in those jurisdictions where Nymbus Capital is registered, or exempt from the requirement to be registered, to provide such services.

No Reliance

Although Nymbus Capital has taken reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by Nymbus Capital. Nymbus Capital is not liable to you for the accuracy or completeness of any Site Content or Third-Party Content. Opinions and any other contents at the Site are provided by Nymbus Capital for personal use and informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. Nymbus Capital 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.

No Warranty

The information and opinions contained on this Site, including hyperlinks or references to other sites, are provided ‘as is’ without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. You are responsible for evaluating the adequacy, accuracy, reliability, merchantability, non-infringement, completeness of any information or the content available on the Site or fitness for any particular purpose with respect to the site or any of its content. Nymbus Capital further assumes no responsibility for, and makes no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components. Nymbus Capital also disclaim responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional.

Liability Waiver – Disclaimer

Nymbus Capital and its affiliates, partners, officers, employees, lawyers, agents, successors and assigns (“Nymbus Capital parties”) exclude all warranties or conditions of any kind, whether express, implied or statutory in connection to the website, any site content, third-party content and any software that may be downloaded from the Site.

None of Nymbus Capital parties guarantees the timeliness, accuracy, reliability, completeness, or usefulness of any aspect of the Site. None of Nymbus Capital parties warrant that this site or downloads will meet your needs or expectations, or be uninterrupted, secure or error free or that this site, its server or any files available for downloading through this site are free of computer viruses or other harmful elements.

None of Nymbus Capital parties will be liable or have any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use the Site or reliance on the Content, or any damage to your computer, loss or corruption of data, loss of profit, any losses that result from use of the products or services on this Site, failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Site, regardless of our knowledge thereof.

You expressly agree that the entire risk as to the quality and performance of this Site and the timeliness, usefulness, accuracy or completeness of the site is assumed solely by you. All of Nymbus Capital parties hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, regarding this Site, 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 Nymbus Capital parties disclaim any warranties with respect to any results that may be obtained from the use of this site.

Further, Nymbus Capital parties will not be responsible for any failure to comply, by you or any third party, with the Terms of Use or with applicable federal, provincial and local laws. These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Nymbus Capital, its respective affiliates, partners, officers, registered representatives, employees, or third-party vendors and service providers, (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. Your sole remedy for dissatisfaction with your use of our site is to stop using the Site.

The same is true for any content appearing on any of Nymbus Capital websites.

Events Beyond Nymbus Capital’ Control

You expressly absolve and release Nymbus Capital parties from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.

Linked Sites

Certain hyperlinks or referenced websites on the Site may for your convenience forward you to third parties websites, which generally are recognized by their top-level domain name. Any descriptions of, references to, or links to other products, publications or services does not constitute an endorsement, authorization, sponsorship by or affiliation with Nymbus Capital with respect to any linked site or its sponsor, unless expressly stated. Any such information, products or sites have not necessarily been reviewed by Nymbus Capital and are provided or maintained by third parties over whom Nymbus Capital exercises no control. Nymbus Capital parties expressly disclaim any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Nymbus Capital reserves the right to terminate any hyperlink or hyperlinking program at any time.

User Representations

You represent and warrant to Nymbus Capital that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites.

Responsibility for Connectivity

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 our Site may not perform as intended or desired.

Usage Monitoring

We reserve the right, but do 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, or to evaluate the Site, the security of the Site, you accept our 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 our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will Nymbus Capital parties be liable for any damages incurred by you as a result of our usage monitoring.

Information Submitted by You

You should not submit any confidential or proprietary information via the Site. All information or material submitted through the Site will be deemed to be the property of Nymbus Capital. By submitting any information or material to us through the Site, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that Nymbus Capital is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Site. Nymbus Capital shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by Nymbus Capital having a direct customer relationship or as otherwise specifically agreed or required by law.

Jurisdiction, Severability

Any action arising out of these Terms of Use or the Site shall be litigated in, and only in, courts located in Quebec, Canada, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you. The Terms of Use will be governed and interpreted under the laws of the province of Quebec and the laws of Canada.

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.

Failure by Nymbus Capital to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.

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 Sites to countries or persons prohibited under the export control laws of Canada.

Termination

You, acknowledge and agree that Nymbus Capital may restrict, suspend or terminate the Terms of Use or your access to, and use, of all or any part of the Site, including any 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 Nymbus Capital’s absolute direction and without prior notice. 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.

LAST UPDATE

Effective date: September 2022