Legal Disclaimer

Legal Disclaimer

Terms and Conditions
These Terms and Conditions set out the entire agreement between you and Imperial Capital (the “Company”) with respect to your use of this website. By accessing, browsing, subscribing to or otherwise using this website, you agree to comply with these Terms and Conditions, as amended from time to time.

Disclaimers

(a) No Warranties

This website, all content and all other material on and/or forming part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks, service marks and trade names, and the design and arrangement thereof, and all source code and software (hereafter, the “Content”) are provided on an “as is” and “as available” basis without warranties of any kind either express or implied. To the maximum extent permissible under law, the Company disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance.

The Company makes every effort to ensure that the Content on its website is complete and current. However, the Company does not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions or will be uninterrupted or that the server that makes it available will be free of viruses or other harmful components. Further, the Company does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any Content or of any opinions, advice, services, or other information provided through the website. In no event will the Company be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through this website.

(b) No Advice

All Content on this website is provided for informational and educational purposes only and is not intended to provide advice. The Content posted on this website is not intended to be a comprehensive or definitive statement concerning the matters addressed therein, and should not be relied upon as such. Speculation or statements about future events such as future economic conditions, market performance, company or security performance, upcoming offerings or other projections do not necessarily represent the views of the Company. General business, economic, political or market conditions may cause actual results to vary significantly from present projections.

(c) No Solicitation

This website is not intended, and must not be taken, as an offer to sell or solicitation to buy products or services of any kind including, without limitation, securities or any other financial instrument of any issuer.

(d) Links to Other Internet Sites

This website may contain links to other internet sites (“Linked Sites”) which are provided to you for your convenience. Please note that the provision of any links to Linked Sites does not constitute an endorsement by the Company of the Linked Sites. All such Linked Sites are wholly independent from this website and from the Company. The Company has no ability to control or influence such Linked Sites including their content. Access to Linked Sites is at your own risk and the Company is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site.

Limitation of Liability

You agree that the Company and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. If you are dissatisfied with this website and the Content thereon, or the Terms and Conditions, your sole and exclusive remedy is to discontinue use of this website.

Indemnity

You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of these Terms and Conditions or your violation of any law or the rights of such third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by the Company.

Ownership of Website Content

All Content is protected by copyright, trademark and other laws, and is owned or controlled by the Company or its licensors. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by the Company, and the Company shall retain all copyright and other proprietary rights in the Content.

Prohibited Conduct

Except as expressly provided herein, this website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of the Company. Prohibited conduct includes, without limitation:

(a) modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof;
(b) renting, leasing, sublicensing or transferring any rights in this website or the Content;
(c) removing any proprietary notices or labels on this website or the Content;
(d) violating, plagiarizing or infringing on the rights of the Company or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
(e) any unauthorized use of the Content (including use on any other website or networked computer environment); and
(f) engaging in any conduct which the Company, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to these Terms and Conditions, or intentionally interfering with the website or the Company’s computer systems.

Further, you may not misrepresent your identity or location as a user of this website.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

Termination

The Company may, in its sole discretion, terminate or suspend your access to all or part of this website, and/or the Content for any reason, including, without limitation, your breach of these Terms and Conditions or transmission of any unsolicited advertising materials.

Compliance with Applicable Laws

Access to this website and the Content is not permitted where prohibited by law. If you choose to access this website and/or use the Content, you do so on your own initiative and are responsible for compliance with applicable laws.

Governing Law

These Terms and Conditions and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against the Company in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and the Company in connection with your use of this website. Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and the Company other than that of independent contractors.

Updates and Amendments

The Company reserves the right to change, modify or amend these Terms and Conditions, or add or remove portions of this website and any Content, at any time and you agree to be bound by such changes, modifications, additions or deletions. The current version of these Terms and Conditions will be posted on this website at all times. Please check back frequently to see any updates or changes to these Terms and Conditions. Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.