Terms and Conditions

• 1 By accessing and using this website (the “Website”), you acknowledge these terms and conditions of use (the “Terms and Conditions”) and agree to be bound by them. If you do not agree to these Terms and Conditions, please discontinue accessing the Website immediately. These Terms and Conditions apply to both visitors to the Website and to those parties who have elected to sign a discretionary investment management agreement (the “IMA”) with Modern Advisor Canada Inc. (each a “Client”) with respect to their use of the Website. If you elect to become a Client, you will be subject to these Terms and Conditions, the IMA, and any additional terms to which you agree when you create and fund an investment account.
• 2 Modern Advisor Canada Inc. (“ModernAdvisor”, “we”, “us”, “our”) reserve the right, in our sole discretion, to modify or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use of the Website shall be your acceptance of these Terms and Conditions.
• 3 This Website is only intended to provide you with general information on our services and is neither an offer to sell nor a solicitation of an offer to purchase any security and may not be relied upon for investment purposes. Any commentaries and information contained in the Website should be considered general financial information and should not be considered personal investment advice and may not be suitable for you.
• 4 This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside of Canada, you do so at your own risk, and you are responsible for compliance with the local laws of your jurisdiction.
• 5 You further agree that you will use the Website solely for your personal, non commercial use and will not attempt to interfere with the functioning of the Website in any way. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited. You shall not post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website.
• 6 Information on the Website that discusses legal, accounting, financial or tax issues, should not be considered personal advice. Please consult with your professional advisor with respect to your particular circumstances.
• 7 This Website and the information contained herein is provided on an “as is” basis. ModernAdvisor does not warrant the accuracy, adequacy, timeliness or completeness of the Website or information herein and disclaims liability for any errors or omissions. No warranty or condition of any kind (implied, express or statutory) is given in the Website or the information herein.
• 8 Any financial projections contained in the Website, although based on historical information, are purely hypothetical. Past performance may not be repeatable and may not be a reliable predictor of future performance.
• 9 Every effort has been made to ensure that the material contained on this Website is accurate at the time of publication. However, ModernAdvisor will not under any circumstances be liable to you or any other person in any way for any loss or damages or expenses (including direct, indirect, special, incidental, consequential or punitive damages) arising from the use or inability to use this Website or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if ModernAdvisor or its representatives have been advised of the possibility of such damages, losses or expenses.
• 10 The contents of the Website are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Website, or any part thereof, for any purpose.
• 11 If we believe, in our sole discretion, that a violation of these Terms and Conditions has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms and Conditions. We may seek to gather information from a Client who is suspected of violating these Terms and Conditions and you agree to provide us with such information.
• 12 Hyperlinks to other websites are used at your own risk. ModernAdvisor makes no representations whatsoever about other websites which you may access from the Website. Links to other websites should not be taken as ModernAdvisor’s endorsement or approval of such other websites.
• 13 ModernAdvisor cannot guarantee complete confidentiality or security for information that is transmitted electronically. While communications between clients and ModernAdvisor servers will be secured using the highest level SSL encryption available, there remains a remote possibility that the information being transmitted may be intercepted. By accessing the Website, you acknowledge that ModernAdvisor is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us being intercepted.
• 14

  Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security and agree to cooperate with us in any investigation and to take corrective measures to protect your account from further fraudulent activity. You are responsible for any password misuse or any unauthorized access. You should consider taking the following measures to help protect yourself from fraud, including when using the internet or wireless network:

  1. Frequently review your account holdings and transaction history on an ongoing basis.
  2. Promptly review and reply to any ModernAdvisor correspondence regarding unauthorized activity.
  3. Keep your account access information protected at all times.
  4. Enable multi-factor authentication (use of e-mail as a second factor is not secure and is not recommended).
  5. Protect your computer with up-to-date anti-malware software.
  6. Install a firewall.
  7. Protect your internet or wireless network connection, as applicable.
  8. Ensure your browser and operating systems are up-to-date, including installation of security patches as soon as they become available.
  9. Avoid using public computers.
• 15 You hereby authorize ModernAdvisor to collect and retain all relevant information relating to your use of the Website in accordance with the Privacy Policy posted on this Website.
• 16 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ModernAdvisor, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website other than as expressly authorized in these Terms and Conditions.
• 17 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 these Terms and Conditions will be deemed or construed to be a consent to, or a 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.
• 18 If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
• 19 These Terms and Conditions are governed by the laws of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Website, you hereby irrevocably submit to the applicable provincial and federal courts for any disputes or matters arising from, connected with, or relating to these Terms and Conditions.