Terms of Use

Effective Date:  September 2020

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND THE DISCLOSURES ELSEWHERE ON HTTP://WWW.TURTLECREEK.CA AND ANY PAGES THEREOF (THIS “WEBSITE”). BY ACCESSING THIS WEBSITE AND/OR USING ANY CONTENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF AND DISCLOSURES IN THIS TERMS OF USE AGREEMENT, AS AMENDED FROM TIME TO TIME (COLLECTIVELY, THESE “TERMS OF USE”), WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.

Acceptance of and Changes to the Terms of Use. The terms “you” and “user” refer to anyone who accesses the Website and/or its Content.  Turtle Creek reserves the right to change these Terms of Use at any time without notice to you. Changes will be posted on this Website under “Terms of Use” and thereafter shall apply to all access to and use of the Website and/or Content. Your use of the Website or any Content after any changes have been posted will constitute your agreement and consent to the modified Terms of Use. You can determine when these Terms and Conditions were last revised by referring to the “EFFECTIVE DATE” legend set forth above.

Security and Privacy. All information that may be submitted to us via the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  Our Privacy Policy is incorporated into these Terms of Use by reference. BY USING THE WEBSITE, YOU ALSO SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF TURTLE CREEK PROCESSING YOUR NONPUBLIC PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.

Website and Content. Turtle Creek Asset Management Inc. (“Turtle Creek”) is an independent investment management firm focused on long term capital growth for a clientele of high net worth individuals, families and institutions.  Turtle Creek’s products and services may not be appropriate for other types of prospective clients.  We may change or disable the Website, Content and any other materials or information on the Website at any time in our sole discretion without any liability to you.

This Website and all materials contained herein, including, without limitation, all data, text, images, electronic files, charts, animations and video displayed on, posted to or otherwise made available on this Website (the “Content”) constitute the property of Turtle Creek and/or its licensors, and is protected by copyright and other intellectual property laws. All trademarks, service marks, trade names, service names and logos (collectively, the “Marks”) displayed on this Website and within the Content are proprietary to their respective owners and are protected by applicable trademark, copyright and other applicable intellectual property laws. Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark. The Marks may not be used to disparage Turtle Creek or the applicable third-party, Turtle Creek’s or third-party’s products or services, or in any manner that may damage any goodwill in the Marks. Use of any Marks as part of a link to or from any website is prohibited without Turtle Creek’s prior written consent. All goodwill generated from the use of any of Turtle Creek’s Marks shall inure to Turtle Creek’s benefit.

THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT ANY REPRESENTATION AS TO THE RELIABLILTY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION AND CONTENT. IF YOU RELY ON SUCH INFORMATION OR CONTENT, YOU DO SO STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR CONTENT BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE BY TURTLE CREEK NOR SHOULD ANYTHING ON THIS WEBSITE (INCLUDING CONTENT) BE RELIED UPON IN MAKING AN INVESTMENT OR OTHER DECISION. YOU SHOULD CONSIDER OBTAINING RELEVANT AND SPECIFIC PROFESSIONAL ADVICE BEFORE MAKING ANY INVESTMENT DECISION.

NO PART OF THE WEBSITE AND/OR CONTENT IS INTENDED TO CONSTITUTE OR FORM ANY COMPONENT OF AN OFFER, OR SOLICITATION OF AN OFFER, TO MAKE ANY INVESTMENTS OR PURCHASE OR SELL ANY SECURITY.  ANY SUCH OFFER OR SOLICITATION MAY ONLY BE MADE BY MEANS OF A CONFIDENTIAL OFFERING OR INFORMATION MEMORANDUM FOR A PARTICULAR SECURITY OR INVESTMENT. ACCESS TO INFORMATION REGARDING ANY SUCH INVESTMENTS OR SECURITIES IS LIMITED TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS UNDER APPLICABLE SECURITIES LAWS.

Permitted Use. You agree you shall use the Website and the Content exclusively for your personal, non-commercial informational purposes. You agree to abide by any other posted limitations relating to use, reproduction or dissemination of the Website and/or Content.  Any use of the Website s and/or Content in any way not expressly permitted by these Terms and Conditions is prohibited.

Prohibited Use. You agree that you shall not use the Content or Website: (i) for any purpose that is contrary to, or is in violation of, these Terms of Use or any applicable law or regulation; (ii) to exploit or harm any person or entity or attempt to exploit or harm any person or entity; (iii) to transmit or cause the transmission or any advertising or promotional material without our prior written consent; or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website or which, as determined by us, may harm us or users of this Website or expose us or them to liability.  Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party) to: (i) modify, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, sell, copy or otherwise use in any other way any Content obtained from this Website; (ii) take any action that imposes an unreasonable load on this Website’s infrastructure; (iii) use any robot, spider or other device, software, routine or means to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; (iv) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Website or gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website; (v) delete or alter any Content or other material posted on this Website by Turtle Creek or any other person or entity; and/or (vi) frame or link to any of the Content or any other materials or information available on this Website without the express written consent of Turtle Creek. 

Turtle Creek reserves the right to monitor and audit all transactions and data (including e-mail messages) for any purpose sent over its network and your use of this Website and any Content unless prohibited by law. You agree that a printed version of these Terms of Use shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records.

Access. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.  This Website is based in and operated from Toronto, Ontario and this Website, Content and any other products and services made available by Turtle Creek are only available in jurisdictions where it is lawful to advertise and market these products and services. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use in jurisdictions outside of the United States or Canada.  If you access the Website or the Content from outside of, with respect to the Canadian section of the Website, Canada or, with respect to the United States section of the Website, the United States, you do so at your own risk. Whether inside or outside of Canada or the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. 

Access Interruptions. You understand that Turtle Creek cannot guarantee that access to the Website, and/or Content will be available at all times. Turtle Creek reserves right to suspend access to the Website and/or Content without prior notice for scheduled or unscheduled system repairs or upgrades.  Further, access to the Website and/or Content may be limited or unavailable due to, among other things: market volatility, peak demand, systems upgrades, maintenance,  hardware or software malfunction or failure, Internet service failure or unavailability, the actions of any governmental, judicial or regulatory body and/or other events commonly referred to as force majeure, i.e., “acts of God,” equipment failure, war, terrorism, strikes and acts of the common enemy and/or breakdown of communications.  You agree that Turtle Creek will not be liable to you for any losses incurred by you (including, but not limited to, lost profits, trading losses and similar damages) resulting from such access limitations or unavailability and you hereby indemnify and hold Turtle Creek and its affiliates harmless from and against any and all losses arising out of, relating to or incurred as a result of access limitations or unavailability of the Website and/or Content.

External Sites. This Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Disclaimer of Warranties and Limitation of Liability: THE CONTENT AND THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  Turtle Creek DOES NOT WARRANT THAT THE CONTENT OR THIS WEBSITE WILL BE FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TURTLE CREEK ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS, CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. TURTLE CREEK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

IN NO EVENT WILL TURTLE CREEK, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND/OR OFFICERS, DIRECTORS AND/OR EMPLOYEES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “TURTLE CREEK PARTIES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPES OF LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST TIME, LOST MONEY, LOST PROFITS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, BUSINESS INTERRUPTION OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THIS WEBSITE. IN NO EVENT WILL ANY OF THE Turtle Creek PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT AND/OR THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE TURTLE CREEK PARTIES FOR SUCH DAMAGES SHALL BE LIMITED TO THE LEAST LIABILITY PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, and hold the Turtle Creek Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content, Website or your account (including by others with or without your knowledge). Turtle Creek shall provide notice to you of any such claim, suit, or proceeding. Turtle Creek reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to promptly cooperate with any reasonable requests assisting Turtle Creek’s defense of such matter.

Registration. If we ask you to provide registration details in order to access this Website or some of the resources on this Website, you agree to provide complete and accurate information and to keep the information up-to-date. If you are provided with an account for this Website, you acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your account and you agree that you are fully responsible for all uses of your account, whether by you or others (with or without your knowledge). You agree to notify us immediately of any actual or suspected unauthorized access to or use of your user name or password or any other breach of security. We may disable any account at any time in our sole discretion and for any reason, including if, in our opinion, you have violated these Terms of Use. In the event of any unauthorized use of your account, we assume no liability or responsibility for any action or inaction by us on behalf of such account.

Termination of these Terms of Use. Turtle Creek reserves the right, in its sole discretion, to restrict, suspend, change, or terminate these Terms of Use, or your access to all or any part of this Website and/or the Content at any time and for any reason or no reason at all without prior notice or liability to you.

Survival. The following sections shall survive the termination and/or expiration of this Agreement: U Website and Content; Disclaimer of Warranties and Limitation of Liability; Indemnification; Termination of these Terms of Use; and General.

General. These Terms of Use shall be governed by the laws of the Province of Ontario, Canada, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial courts of Ontario sitting in Toronto. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure of Turtle Creek to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against Turtle Creek unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Turtle Creek and you, these Terms of Use constitute the entire agreement between you and Turtle Creek with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to this Website might be publicly accessible. Important and private information should be protected by you. Turtle Creek is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

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