The Brookfield Funds provide this website including without limitation all information, data, text, graphics, images, hyperlinks and other material on the Site (collectively, the "Site") subject to and conditional upon your acceptance, without modification, of the terms and conditions of use of the Site set forth below. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Usage
You may use the Site solely for your personal informational use. You may view, download and print selected portions of the Site, on a limited and fair dealing basis. You may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly: (a) except as expressly permitted by these Terms and Conditions, print, download or otherwise save to any storage device or fix in any medium, any of the Site; (b) sell, reproduce, publicly display, perform, distribute, create derivative works, reverse engineer, modify or attempt to modify the Site in any way, or otherwise use the Site for any public purpose; (c) use the Site for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or that could damage, disable, overburden or impair the Site; (d) interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites, including without limitation any attempt to obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing; (d) disrupt or interfere with any other person's use or enjoyment of the Site or any affiliated or linked sites; (e) upload, post, distribute or otherwise transmit on, through or to the Site any materials.
All Rights Reserved
The Site is Copyright © 2006 Brookfield Funds. All rights reserved. The Site, including all intellectual property rights therein and thereto, is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright & other applicable laws worldwide in your use of the Site and to prevent any unauthorized copying or use of the Site. You have no rights in or to the Site and you may not use the Site other than as permitted under these Terms & Conditions. Where reproduction is permitted, you must retain all copyright and trademark notices & any other proprietary notices contained in the Site on any reproduction of all or part of the Site.
All trade names, company names, trademarks, service marks and other product and service names and logos on the Site (collectively, the "Trademarks") are the proprietary trademarks of their respective owners, are protected by law and may not be copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. The Trademarks may not be used by you in any manner whatsoever except as expressly permitted or required under these Terms& Conditions.
Links
The Site is Copyright © 2006 Brookfield Funds. All rights reserved. The Site, including all intellectual property rights therein and thereto, is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Site and to prevent any unauthorized copying or use of the Site. You have no rights in or to the Site and you may not use the Site other than as permitted under these Terms & Conditions. Where reproduction is permitted, you must retain all copyright and trademark notices and any other proprietary notices contained on any reproduction of all or part of the Site.
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Disclaimer
The Site is provided solely for your personal informational and educational purposes and does not constitute an offer to or a solicitation for you/any other person/entity to buy or sell any of the securities referred to on the Site. This Site is not intended to provide financial, tax planning, accounting, investment business, legal or other advice, in any way whatsoever.
You acknowledge that any use of or reliance on the Site shall be at your sole risk. We make no representation or warranty of any kind regarding the Site, which is provided on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
We do not guarantee, and make no representation or warranty as to the truthfulness, accuracy, reliability, correctness, currency, veracity or completeness of the Site or warrant that the Site will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements. We have no obligation to maintain either the availability or the currency of the Site or to provide notice of any changes made to the Site, and take no responsibility for the Site or for any damages to users of the Site, however caused.
YOU AGREE THAT WE, THE FUND, THE FUND'S TRUSTEE AND OUR AND THEIR AFFILIATES, CONTRACTORS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS AND CONTENT PROVIDERS (COLLECTIVELY, THE "PROVIDERS") WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO THIS SITE THE USE THEREOF OR THE INABILITY TO USE THE SITE, IN ANY MANNER WHATSOEVER, EVEN IF ANY OF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN ANY EVENT, YOU AGREE THAT THE PROVIDERS' AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
Indemnity
You agree to indemnify and hold us harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your actions or omissions, including without limitation your use of the Site or any breach by you of the Terms & Conditions.
Forward Looking Statements
The statements contained in this web site that are not purely historical may be forward-looking statements and may be identified by their use of forward-looking terminology such as "believes," "expects," "may," "should," "would," "will," "intends," "plans," "estimates," "anticipates," and similar words. Such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. Risks and uncertainties that could cause actual results to differ materially from such forward-looking statements include, but are not limited to, factors discussed from time to time in reports filed by or on behalf of the Fund with securities regulators in Canada. The forward-looking statements contained in this site are made as of the most recent update of this web site and neither we nor the Fund assume any obligation to update the reasons why actual results could differ materially from those projected in the forward-looking statements.
Applicable and Venue
The Site is controlled, operated and administered by us from our offices in the Province of Ontario, Canada (the "Jurisdiction"). We make no representation or warranty that the Site is appropriate or available for use at any location outside the Jurisdiction. If you access the Site from outside the Jurisdiction, you are responsible for compliance with all local law. The Terms and Conditions shall be deemed to have been made and performed exclusively in the Jurisdiction and shall be governed by and construed under the laws of the Jurisdiction without giving effect to such Jurisdiction's conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts of the Jurisdiction for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than the Jurisdiction.
General
Any legal proceeding arising from or in connection with the Terms and Conditions or the Site must be brought within one year after the event which is the subject of the proceeding has occurred. If any provision of these Terms and Conditions are unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, as the case may be, and shall not affect the validity of any remaining provisions. The Terms and Conditions constitute the entire agreement between you and us and override anything else on the Site. The Terms and Conditions may be assigned by us. The Terms and Conditions shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. If you have any questions about these Terms and Conditions, cperri@brookfield.com.
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