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Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Berd Capital’s use of cookies in accordance with the terms of Berd Capital’s privacy policy.

License to use website

Unless otherwise stated, Berd Capital and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Berd Capital express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Berd Capital express written consent.

Restricted access

Access to certain areas of this website is restricted. Berd Capital reserves the right to restrict access to such areas of this website, or indeed this entire website, at Berd Capital discretion.

If Berd Capital provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Berd Capital may disable your user ID and password in Berd Capital sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Berd Capital makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Berd Capital does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any financial, investment or legal matter, you should consult an appropriate professional.

Limitations of liability

Berd Capital will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Berd Capital has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Berd Capital liability in respect of any:

• death or personal injury caused by Berd Capital negligence;
• fraud or fraudulent misrepresentation on the part of Berd Capital; or
• matter which it would be illegal or unlawful for Berd Capital to exclude or limit, or to attempt or purport to exclude or limit, its liability

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Berd Capital has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Berd Capital officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Berd Capital officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Berd Capital.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Berd Capital and undertake to keep Berd Capital indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Berd Capital to a third party in settlement of a claim or dispute on the advice of Berd Capital legal advisers) incurred or suffered by Berd Capital arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Berd Capital other rights under these terms and conditions, if you breach these terms and conditions in any way, Berd Capital may take such action as Berd Capital deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Berd Capital may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Berd Capital may transfer, sub-contract or otherwise deal with Berd Capital rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and Berd Capital in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Canada.

Registrations and authorizations

Berd Capital is registered with the Province of Ontario.

The full name of Berd Capital is Berd Capital.

Berd Capital is registered in the Province of Ontario, Canada.

Berd Capital registered address:

1 Yonge Street, Suite 1801
Toronto, Ontario M5E 1W7
Canada

You can contact Berd Capital by email to contact@berdcapital.com