Legal Terms of Use
These legal terms of use (the “Terms”) govern your use of the Picton Mahoney Asset Management (“PICTON”) website pages (the “website”). If you access and use the website, you accept and agree to be bound by and comply with these Terms. The Terms also apply when you use a downloadable application or other technology to access any features, functionality, content and/or information that is made available or provided on the website.
The information provided on this website is published by PICTON for the periods indicated herein. Any commentaries and information contained on this website are provided as a general source of information and should not be considered personal investment advice.
Every effort has been made to ensure that the material contained on this website is accurate at the time of publication. However, PICTON cannot guarantee its accuracy or completeness and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein.
Facts and data provided by PICTON and other sources are believed to be reliable when posted PICTON cannot guarantee that all information posted on the website is accurate or complete or that it will be current at all times. Any information, including performance data available through any third party provider is not guaranteed to be current, accurate or complete and is subject to change without notice. Any expressed views or opinions provided on our site do not imply endorsement.
Information on this website is intended for general information purposes and is not intended to provide legal, accounting, investment or tax advice, and should not be relied upon in that regard. If you require any such advice, you should retain the services of a competent professional.
This website may contain the opinions, views or recommendations of individuals or organizations. Where present these opinions, views and recommendations are provided for your general interest, and are not endorsed by PICTON.
Users of PICTON’s website shall only be entitled to use and copy material on the website for their own personal use but may not republish nor reproduce any substantial part of the website in any manner whatsoever, including electronically reproducing the website by “uploading” or “downloading”, without the prior written permission of PICTON. An acknowledgment of the source must be included whenever PICTON material is copied or published. Any infringement of PICTON’s rights will result in appropriate legal action.
Sites accessed by hypertext appearing in this website have been independently developed by parties other than PICTON and PICTON does not guarantee the accuracy of information contained in such sites. The inclusion of an organization on this site should not be construed as an endorsement of its products or services.
Complete confidentiality and security is not yet possible over the Internet. PICTON advises that the Internet is not a secure medium and privacy cannot be ensured. PICTON and its affiliates will not be responsible for any damages you may suffer if you transmit confidential or sensitive information to us.
Commissions, trailing commissions, management fees, performance fees and expenses all may be associated with mutual fund investments. Please read the prospectus before investing. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. Alternative mutual funds can only be purchased through a registered dealer and are available only in those jurisdictions where they may be lawfully offered for sale.
Information pertaining to the PICTON hedge funds is not to be construed as a public offering of securities in any jurisdiction of Canada. The offering of units of the Picton Mahoney Authentic Hedge® funds are made pursuant to an Offering Memorandum only to those investors in jurisdictions of Canada who meet certain eligibility or minimum purchase requirements. Prospective investors should consult with their investment advisor to determine suitability of investment. Please see the Fund’s Confidential Offering Memorandum for more information, including investment objectives and strategies, risk factors and investor eligibility.
You will usually pay brokerage fees to your dealer if you purchase or sell units of the PICTON Tactical Income Fund on the Toronto Stock Exchange. If the units are purchased or sold on the Toronto Stock Exchange, investors may pay more than the current net asset value when buying units of the fund and may receive less than the current net asset value when selling them. There are ongoing fees and expenses associated with owning units of the PICTON Tactical Income Fund. The fund must prepare disclosure documents that contain key information about the fund. You can find more detailed information about the fund in these documents. Investment funds are not guaranteed, their values change frequently and past performance may not be repeated. You may find the fund's disclosure documents directly on this website. Closed-end fund securities are not guaranteed nor covered by the Canada Deposit Insurance Corporation or any other government deposit insurer.
This website may contain “forward-looking information” that is not purely historical in nature. These forward-looking statements are based upon the reasonable beliefs, expectations, estimates and projections of PICTON as of the date they are made. PICTON assumes no duty, and does not undertake, to update any forward-looking statement. Forward-looking statements are not guarantees of future performance, are subject to numerous assumptions, and involve inherent risks and uncertainties about general economic factors which change over time. There is no guarantee that any forward-looking statements will come to pass. We caution you not to place undue reliance on these statements as a number of important factors could cause actual events or results to differ materially from those expressed or implied in any forward-looking statement made.
All projections provided are estimates and are in Canadian dollar terms, unless otherwise specified, and are based on data as of the dates indicated.
You should check the website and these Terms periodically for modifications. PICTON reserves the right to modify the website and/or the Terms from time to time without notice to you. If PICTON makes material changes to the Terms we will post the revised Terms and the revised effective date on this website and/or provide notice by some other means. By using the website following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this website.
The website, including, without limitation, all content, function, materials and services, is provided “as is,” without warranty or condition of any kind, either express or implied, including, without limitation, any warranty or condition for information, data, data processing services or uninterrupted access, any warranties or conditions concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantable quality or fitness for a particular purpose. PICTON does not provide any warranty or condition that the website or the functions, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. PICTON makes no warranty or condition that the website will meet users’ expectations or requirements. No advice, results or information, or materials, whether oral or written, obtained by you through the website shall create any warranty or condition not expressly made herein. If you are not satisfied with the website, your sole remedy is to discontinue using the website.
To the greatest extent permitted under applicable law, in no event shall PICTON, its affiliates or subsidiaries, or any of their respective directors, officers, partners, employees, agents, or content or service providers (the "Representatives"), be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or any loss of revenue or anticipated profits, or lost business, data or sales, or cost of substitute services, arising from or directly or indirectly related to the use of, or the inability to use, the website or the content, materials and functions related thereto, even if PICTON or its Representatives have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of PICTON to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the website exceed, in the aggregate, $100.00. You agree to defend, indemnify and hold PICTON, its affiliates, subsidiaries and any of their Representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, in any way arising from, related to or in connection with your use of the website, your violation of these terms or the posting or transmission of any materials on or through the website by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
You agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern these Terms and your use of the website. Please note that your use of the website may be subject to other local, provincial, federal and international laws. You consent to the exclusive jurisdiction of the courts of the province of Ontario for enforcement of these Terms and your use of the website. The failure of PICTON to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without PICTON’S express written consent. These Terms inure to the benefit of PICTON’S successors, assigns and licensees. The Terms and PICTON’s online Privacy Policy constitute the entire agreement between you and PICTON and govern your use of the website, superseding any prior agreements between you and PICTON. You may also be subject to additional terms and conditions that are applicable to certain parts of the website.
