Terms of Use

By accessing this website and any pages thereof (the “Website”), you agree to be bound by the terms of use set out below (the “Terms of Use” or “Agreement”). Other areas of the Website also contain specific disclaimers or limitations which, where the context requires, are also incorporated into these Terms of Use. If you do not agree with the terms and conditions of these Terms of Use, you must not access this Website. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use at any time. You agree to review these Terms of Use periodically and your continued use of the Website will constitute acceptance of modifications, alterations, or updates of these Terms of Use. The most up-to-date version of these Terms of Use will always be available for your review on this Website.

References on this Website to “the Company”, “we” or “us” are to Edwards Capital (“ECAP”) and includes our subsidiaries and affiliates as context requires. Copyright. Copyright Information on this Website is protected under the copyright law.

Trademarks. Edwards Capital is the owner of the trademarks used in the operation of the business of the Company as well as the operations of its operating subsidiaries, which trademarks are used under license. Any other product and service marks are the trademarks of their respective owners. You are granted a limited, revocable, conditional, and non-exclusive license to display and print the contents of the Website for personal, non-commercial use only, provided you do not alter the contents thereof. Any other use is strictly prohibited without the Company’s express written consent.

Services. Any service offered is subject to the terms of the applicable agreements governing their use. Please consult us for complete and up-to-date information on services. The information on this Website is intended for use solely by persons resident in jurisdictions where we operate. This Website does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. The Company and its directors, officers and employees and companies with which they are associated may, from time to time, hold the securities mentioned at this Website.

Research. Unless publications are specifically marked as research publications of ECAP, the views expressed therein (including recommendations) are those of the author and, if applicable, any named issuer or investment dealer alone and they have not been approved by nor are they necessarily those of ECAP. ECAP expressly disclaims all liability for the content of the any publication that is not expressly marked as a research publication of Edwards Capital.

No Solicitation. Nothing on this Website constitutes a solicitation or offer by the Company to buy or sell products or services of any kind whatsoever including without limitation securities or any other financial instrument of any issuer.

No Advice. The information on this Website is general only. The information provided on this Website is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our Website to your circumstances. You should consult directly with a professional or your other advisors before acting on any information on this Website

No Client Relationship. Unless we expressly agree otherwise, no investment counsel-client, advisor-client, advisory, agency, fiduciary or other relationship is created by accessing or otherwise using the Website or by communicating with us by way of email or through this Website.

Cookies. The Company reserves the right to use cookie technology. A cookie is a small, harmless data file that certain websites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you have visited, and may be used to enhance your experience on the website, to determine user traffic patterns and for other purposes. Some cookies are temporary and remain in your browser’s cookie file until you leave the site, these are called session cookies, and others remain for up to six months or until you remove them from your browser, these are called persistent cookies. Specifically, the Company uses cookies on this site to allow us to use Google Analytics to track and enhance user experiences. Like many services, Google Analytics uses cookies to track visitor interactions. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Visit www.google.com/analytics for further information.

Accuracy and Changes. The information on this Website does not constitute the official version of the Company’s disclosure documents and may not always be the most current. This Website and access to it is provided strictly on an “as is, where is” and “as available” basis, without any warranties of any kind, express, implied, statutory, or collateral, including implied warranties of merchantable quality or fitness for a particular purpose. Facts and information provided on this Website are believed to be accurate at the time they are posted. However, this Website could include inaccuracies, typographical errors, or out-of-date information. Changes may be made at any time to the information on this Website without prior notice. Please consult us for complete and up-to-date information on products and services.

Disclaimer of Warranty and Limitation of Liability. The Company does not warrant the timeliness, accuracy, completeness, quality, adequacy, usefulness, reliability, or content of any information on this Website and expressly disclaims any liability whatsoever for errors or omissions. Such information is provided “as is” without representation, warranty, or condition of any kind, either express or implied, whether by statute or otherwise, including, without limitation, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions which do not allow the exclusion of implied warranties. The Company, its affiliates, its suppliers and their respective directors, officers, employees and representatives shall not, under any circumstances, be responsible or liable for any direct, indirect, special, exemplary, punitive, incidental, or consequential damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of, or misuse of, or inability to access or use this Website, or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the possibility of such damages or such damages are reasonably foreseeable, to the fullest extent permitted by law. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE.

Hyperlinks Are Not Endorsements. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services, or publications other than those of the Company on this Website do not imply the endorsement or approval of such websites, products, services, or publications by the Company. The Company makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a third-party website, please understand that it is independent from us, and that the Company has no control over the content on that website. Third party websites are not subject to the Company’s privacy policies or security standards.

Material to be Consulted in its Entirety. All materials at this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure, or hedge clauses apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download.

Forward-Looking Statements. From time to time, we make written or oral forward-looking statements within the meaning of certain securities laws, including in this Website. These statements include, but are not limited to, statements we make about our operations, business lines, financial condition, risk management, priorities, targets, ongoing objectives, strategies, and outlook. Forward-looking statements are typically identified by the words ‘believe,’, ‘expect,’, ‘anticipate,’, ‘intend,’, ‘estimate’ and other similar expressions or future or conditional verbs such as ‘will,’, ‘should,’, ‘would’ and ‘could.’ By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control affect our operations, performance, and results and those of our business lines, and could cause actual results to differ materially from the expectations expressed in any of our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this Website or in other communications.

Internet Communications. Without the use of secure encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email and mobile applications are vulnerable to interception and hacking. The Company cannot ensure the privacy and authenticity of any information and will not accept any instructions that you send to us over the Internet. The Company will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request.

Monitoring of Communications. Internet email and instant messages, along with their attachments, received by or sent from the Company are subject to review by supervisory personnel. Such communications are retained by and may be produced to regulatory authorities or others with legal rights to the messages and/or their contents.

Permitted Users and Access. This Website may be used only by persons who are at least 18-years old and can form legally binding contracts under applicable law. This Website may not be used by persons in jurisdictions where access to or use of this Website or any part of it may be illegal or prohibited. You may not use this Website (or the App) for any purpose that is illegal, fraudulent or infringes another person’s rights.

Termination. If you breach any provision of these Terms of Use, you may no longer use this Website. The Company may, at any time, for any reason and without any prior notice or liability, change, suspend or terminate this Website or any part of it or withdraw your permission to use this Website. If these Terms of Use or your permission to use this Website is terminated for any reason: these Terms of Use will nevertheless continue to apply and be binding upon you indefinitely in respect of your prior use of this Website.

General Provisions. These Terms of Use and the terms of use for client access, if applicable, including any changes hereto and/or thereto made from time to time (collectively, the “Terms”), constitute the entire agreement between you and the Company relating to your use of this Website, and supersedes all previous agreements, written, oral or otherwise, between you and the Company. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under the Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. The provisions of the Terms will ensure to the benefit of and be binding upon each of the Company and its successors, assigns and affiliates, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

Language. The parties acknowledge that they have required the Agreement and all related documents to be prepared exclusively in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés exclusivement en anglais.