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Terms of Use

Last updated: February 22, 2022

These Terms of Use (the “Terms of Use”) govern and apply to your use of Evermore Capital Inc.’s (“Evermore”, “we”, “us” or “our”) website at www.evermore.ca (the “Website”).

Please read these Terms of Use carefully before using the Website. By accessing or using the Website you agree to these Terms of Use. If you do not agree you may not use the Website.

Information on the Website

The Website is intended for informational purposes only and is provided solely on an "as is" and "as available" basis.  

We use reasonable efforts to include accurate and up-to-date information on the Website. However, Evermore makes no warranties or representations as to the accuracy of the information on the Website. Evermore assumes no liability or responsibility for any errors or omissions in the contents of the Website.

Disclaimer for Evermore Funds and Related Securities

The Website provides information on the funds offered by Evermore. Commissions, management fees and expenses all may be associated with the investment funds discussed. If the securities are purchased or sold on a stock exchange, you may pay more or receive less than the current net asset value. Investment funds are not guaranteed, their values change frequently, and past performance may not be repeated. The prospectus contains important detailed information about the funds offered by Evermore. Please read the relevant prospectus before investing.

No Solicitations

Nothing on the Website shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction. The information on the Website is general only. The information provided on the Website is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice and nothing on the Website should be construed as a recommendation to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Many factors unknown to us may affect the applicability of any statement or comment that we make on the Website to your particular circumstances. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult directly with a professional or your other advisors on your specific situation before acting on any information on the Website.

Forward-looking Statements

Certain statements on the Website may be forward-looking. Forward-looking statements (“FLS”) are statements that are predictive in nature, depend on or refer to future events or conditions, or that include words such as “may,” “will,” “should,” “could,” “expect,” “anticipate,” intend,” “plan,” “believe,” “estimate” or other similar expressions. Statements that look forward in time or include anything other than historical information are subject to risks and uncertainties, and actual results, actions or events could differ materially from those set forth in the FLS. FLS are not guarantees of future performance and are by their nature based on numerous assumptions. Although any FLS contained on the Website are based upon what Evermore believes to be reasonable assumptions, Evermore cannot assure that actual results will be consistent with these FLS. The reader is cautioned to consider the FLS carefully and not to place undue reliance on the FLS. Unless required by applicable law, it is not undertaken, and specifically disclaimed, that there is any intention or obligation to update or revise FLS, whether as a result of new information, future events or otherwise.

Data Privacy

Personal information collected through the Website is handled in accordance with our Privacy Policy. By accessing our using the Website or otherwise providing us with personal information, you consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Copyright

All content, including but not limited to text, software, sound, photographs, video, graphics and other material contained on the Website (“Content”) is proprietary and protected by copyright and/or other intellectual property rights of Evermore or its third-party licensors.

You may download, view, copy and print Content solely for personal non-public, informational purposes provided that any and all copyright, trademark and other intellectual property right notices appear on all copies, that the Content is not modified or altered in any way and that no graphics are used separate from the accompanying text. Any Content downloaded is at your own risk and you are solely responsible for any prejudice or damage resulting from the download of any such Content.

You may not use any Content in a manner that suggests an association with any of our products, services or marks. You may not add, delete, distort or misrepresent any content on the Website. You are not authorized to redistribute or sell the Content or to reverse-engineer, disassemble or otherwise convert it to any other form. Any attempt to defeat or circumvent any security features of the Website or Content is prohibited.

Other than as specifically stated above, you are not granted any right, title or interest in, or any license or authorization, to use the Website or any Content. Evermore disclaims any liability if your use of Content infringes the copyright or other intellectual property rights of third parties. 

User feedback

Any feedback that you provide in relation to the Website or through the Website will be deemed to be non-confidential and non-proprietary, and Evermore will be free to compile, use and redistribute the feedback for any purpose without restriction and without compensation to you. 

Unsolicited ideas

To avoid potential misunderstandings and disputes, Evermore and its employees do not accept, review or consider unsolicited ideas, including but not limited to ideas for product enhancements, new products, services, technologies, processes, marketing strategies, product names or content (“Ideas”).

If, despite our request to not send us your Ideas, you still submit them through the Website or to an email address contained herein, you agree that by the submission you assign, free of charge all worldwide rights, title and interest in your Idea and any related intellectual property rights to Evermore. Evermore has no obligation to review the Idea and no obligation to keep the Idea confidential.

Trademarks

“EVERMORE”, and “EVERMORE CAPITAL” are trademarks of Evermore or its licensors and may not be used without written permission. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Nothing contained in the Website transfers any right, title or interest in or grants any license or consent to use any trademark, service mark or logo used on the Website. Any rights not expressly granted herein are reserved.

Inappropriate Use

Any use of the Website for the purpose of sending, or to facilitate or encourage the sending of, unsolicited commercial electronic message or unsolicited bulk communications is prohibited. You are prohibited from using the Website in any manner that may violate the rights of any third party, including any privacy rights, or otherwise in violation of applicable law.

Links

The Website may include links to other websites that are not under the control of Evermore. These links are offered for your convenience only. Evermore is not responsible for the content of such websites and shall not be liable for any damages or injury arising from the content of any other website.

Any link to the Website does not represent in any way, either explicitly or by implication, that the party linking to the Website has received the endorsement, sponsorship or support of Evermore. Any hypertext link that you establish to the Website must not state or imply any sponsorship or endorsement of your website by Evermore and you may not incorporate any Content of the Website elsewhere.

Disclaimer

To the fullest extent permitted by applicable law, the Website and the Content are provided on an “as is” and “as available” basis. Evermore and their respective officers, directors, employees, agents, affiliates, suppliers, licensors, successors and assigns disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose, and expressly disclaim any representation or warranty that the Website will be free from errors, viruses or other harmful components, that the functionalities will be uninterrupted, that communications to or from the Website will be secure and not intercepted, or that the Content will be accurate, complete, current, adequate, or timely. To the fullest extent permitted by applicable law, in no event shall Evermore be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website or the Content, even if advised of the possibility of such damage.

Changes, Termination or Suspension

Evermore may amend or modify these Terms of Use from time to time, without further notice to you, by posting a revised version on the Website. Please check these Terms of Use regularly for any updates. Your continued use of the Website after any update is posted means that you accept those changes.

Evermore also reserves the right to delete, modify or supplement the content of the Website at any time, for any reason and at its sole discretion, without notice.

Evermore may terminate or suspend your access to all or part of the Website, at any time without notice to you.

Governing law

You are responsible for compliance with applicable local laws in the jurisdiction from which you access the Website.

To the full extent permitted by applicable law, these Terms of Use are governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles, and the federal laws of Canada applicable therein. Any dispute shall be submitted exclusively to the courts of competent jurisdiction in the Province of Ontario, Canada.

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