Terms and Conditions
Use of this Site
This site, as may be updated or enhanced, is owned and operated by Spartan Fund Management Inc. (“Spartan”). Your use of this site is subject to the following terms and conditions. Please review these terms and conditions carefully before using this site. Each time you use this site, you accept, without limitation or qualification, these terms and conditions. If you do not accept these terms and conditions, you must not access or use this site. Spartan may revise these terms and conditions at any time without notice. Use of this site after such changes are posted will signify your acceptance of these revised terms.
Changes to the Site & Terms and Conditions
Information within the site is subject to change at any time without prior notice. Spartan reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this site (or any part or function thereof) with or without notice to you, and shall have no liability to you or any third party for any such modifications or discontinuance. Spartan may modify, alter or otherwise update the terms and conditions applicable to this site from time to time without notice, where such modifications, alterations and updates shall be current as of the “Last Updated” date above, and you agree to be bound by the terms and conditions in effect at the time you access this site.
Information on Site for Informational Purposes Only
This site contains certain information about Spartan, which is provided as a general source of information. Although information provided by Spartan is believed to be generally accurate when placed on this website, Spartan does not guarantee the timeliness, sequence, quality, accuracy or completeness of any information on this site. Further, Spartan makes no representations about the suitability of any of the information contained on this site for any purpose. Certain of the financial market data made available on this site, including without limitation quotes, charts and news, may be provided by various information suppliers that are independent of Spartan. To the extent made so available, such data may include the views, opinions and recommendations of individuals or organizations that may be of interest to investors generally. However, Spartan does not endorse such views or opinions except to the extent expressly stated on this website. The information on this site is for informational purposes only and is not intended to provide financial, legal, accounting or tax advice and should not be relied upon in that regard. This information is intended to be used as a starting point for doing independent research on various companies and investment techniques. The information contained on this site is provided “AS IS” – in other words, to the extent permitted by applicable law Spartan makes no and actively disclaims all conditions, representations, warranties or covenants, written or oral, express or implied, regarding this site, including, without limitation, any representation, warranty or covenant that (i) the functions of or the content made available through this site will be of merchantable quality, fit for a particular purpose, uninterrupted or virus-fee or error-free or that the content will be accurate, complete, current, reliable or timely; (ii) communications to or from this site will be secure and/or not intercepted (note that any information sent or received over the Internet is generally not secure); (iii) that the site will be free from material defects; or (iv) that the site contains no computer viruses or other contaminants. This site may include inaccuracies or typographical errors. Spartan endeavours to keep the rates and fees posted at this site current. However rates, fees and information are subject to change at any time without notice to users and the posted rates and fees at this site may not immediately reflect such changes. As such, Spartan does not accept responsibility for any loss arising from the use of or reliance on the information contained herein. An eligible investor should refer to the most recent confidential Offering Memorandum before deciding to purchase investment products. Please contact your own personal advisor on your particular circumstances. By using this site, you agree that your access and use of this site is entirely at your own risk and liability.
There is no assurance that our investment products will achieve their investment objectives. Past performance is not indicative of future results and their net asset value, yield and investment return will fluctuate from time to time with market conditions.
The content of this website is solely for the purpose of providing information. It is not to be construed as a public offering of securities in any jurisdiction of Canada. The offering of investment products is made pursuant to the Offering Memorandum only, to those investors, who meet certain eligibility or minimum purchase requirements.
Indices Used in Fund Performance Reports Are Not Meant to Suggest Relevant Benchmarking
A range of indices are used in the performance reports for the Spartan funds. Although it is difficult to select a relevant benchmark for any of the strategies offered by Spartan, we thought many investors would like to see how our funds perform on a risk adjusted basis against benchmarks involving securities traded in our funds. For example, if a Spartan fund invests in larger capitalized Canadian equities then we thought investors would like to see the performance of such fund compared to the S&P TSX price index even though the strategies of the fund may be quite different from a buy and hold index strategy. In other words, the use of benchmarks are provided for illustration purposes only, in order to show general equity market trends and returns during the applicable periods and are not comparable to the relevant fund’s returns given such fund’s strategy and mandate.
Forward Looking Statements
The website may contain forward-looking statements (within the meaning of applicable securities laws) relating to the business of Spartan and the environment in which it operates. Forward-looking statements are identified by words such as “believe”, “anticipate”, “expect”, “intend”, “plan”, “will”, “may” and other similar expressions. These statements are based on the expectations, estimates, forecasts and projections of Spartan. They are not guarantees of future performance and involve risks and uncertainties that are difficult to control or predict. There can be no assurance that forward-looking statements will prove to be accurate as actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, a forward-looking statement speaks only as of the date on which such statement is made. Spartan undertakes no obligation to publicly update any such statement or to reflect new information or the occurrence of future events or circumstances.
E-mail over the internet is not a secure medium and privacy cannot be assured. E-mail communication is not confidential, subject to possible interception or loss and is also subject to possible alteration. Without limitation, Spartan is not responsible for and will not be liable to you or anyone else for any harm or damages in connection with an e-mail containing personal or confidential information sent by you to Spartan or an e-mail sent by Spartan to you at your request. Subject to any applicable law and for greater certainty, excluding any communications to the extent containing your personal information, any communications sent by or to you via this site or otherwise to or by Spartan are on a non-confidential basis and Spartan is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. Spartan shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication including, without limitation, acknowledgement of yourself as the source of such communications. For greater certainty, Spartan shall not use or disclose your personal information without your consent.
Links to other websites and references to third parties’ goods or services are not endorsements or approval of such sites, goods or services (unless clearly and expressly stated on this site), are in no way a suggestion that the third-party information is appropriate for your particular circumstances and are meant for convenience only. Linking to another website is at your sole risk and Spartan will not be held responsible or liable for any damages in connection with linking to such third-party websites. In addition, Spartan does not wish to be linked to or from any third-party website. Spartan reserves the right to prohibit or refuse to accept any link to this site at any time and may remove a link without notice. You agree to remove any link to this site you may have acquired or stored, at the request of Spartan.
The use and disclosure of personal information collected through this site is governed by the Spartan privacy statement.
The content of Spartan’s website (www.spartanfunds.ca) is protected by applicable copyright laws and may be protected by other rights. Downloading, re-transmission, storage in any medium, copying, modifying, presentation, redistribution, reproduction, republication or any other exploitation of this site, whether in whole or in part, for any purpose, other than as expressly authorized herein, is strictly prohibited without the express prior written consent of Spartan. All content is owned by Spartan and its licensors, or the party accredited as the provider of the content. Subject to the terms and conditions of these terms and conditions, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use this site and the content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the content online other than within this site. You must also abide by any additional requirements governing the use of any special content that may be set out in this site. In the event of a conflict between the terms of a license governing specific content and these terms and conditions, the terms of the specific license shall govern.
Disclaimer of Liability
To the extent permitted by applicable law, in no event shall Spartan, its officers, directors, employees, agents, licensors, and their respective successors and assigns, be responsible in any way for any damages (direct, indirect, special, incidental, economic, consequential, exemplary or punitive) in respect of or in connection with the use or inability to use this website, the information, or any action or decision made by you or anyone else in reliance on the website or the information, or any unauthorized use or reproduction of the website or the information, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Spartan knew of or ought to have known of the possibility of such damages.
You agree to indemnify Spartan and its directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of these terms and conditions, or (ii) your access to, use, misuse, reliance upon or inability to access or use of this site.
Certain names, words, titles, phrases, logos and marks displayed on this site may constitute trademarks or trade names of Spartan, its affiliates, related companies, their licensors or other third parties. Any unauthorized use of the trademarks or trade names of Spartan, its affiliates, related companies and their licensors is strictly prohibited.
Governing Law and Forum
This site is hosted in the Province of Ontario, Canada and your access to and use of this site is deemed to solely occur within the Province of Ontario, Canada. This site and its terms are governed by the laws applicable in the Province of Ontario, Canada. All disputes arising from these terms will be resolved by binding arbitration in accordance with the Ontario Arbitration Act, 1991. Subject to the foregoing, the parties attorn to the courts of Province of Ontario.
Use of this site is prohibited where contrary to law.
Use of this site is unauthorized in any jurisdiction where the site or any of the content of this site may violate any laws or regulations. You agree not to access or use this site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these terms and conditions) is entirely at your own risk.
Damages and Viruses
For greater certainty, Spartan shall not be responsible or liable for any damages incurred to computer equipment or other types of equipment used nor for viruses that may infect the former due to the access and use of this site or the downloading of any document or materials of this site.
Any consent by Spartan to, or waiver of, a breach of these terms and conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
If, in any jurisdiction, any of these terms and conditions are held to be unenforceable by a court of competent jurisdiction, those terms and conditions deemed unenforceable shall be restricted or eliminated to the minimum extent necessary and the remaining terms and conditions shall otherwise remain in full force and effect.
These terms and conditions (for greater certainty, including the Spartan privacy statement) are the entire agreement between you and Spartan relating to your access and use of this site.
For comments or questions please contact us at email@example.com or (416) 601-3172.