1. ACCEPTANCE OF THE WEBSITE AND EMAIL TERMS AND CONDITIONS OF USE
Please read the following terms and conditions of use (the “Terms and Conditions“) carefully before using this site.The Terms and Conditions for www.lysanderfunds.com (the “Website“) constitute a legal agreement and are entered into by and between you and Lysander Funds Limited and their subsidiaries, affiliates and related entities (collectively, “Lysander“). These Terms and Conditions exempt Lysander and other persons from liability or limits their liability, and contains other important provisions that you should read. The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference, govern your access to and use of, including any content, functionality, and services offered on or through the Website, and any correspondence you have with an email address that ends in @lysanderfunds.com (a “Lysander email”).
YOU MAY NOT USE THIS WEBSITE OR CORRESPOND WITH A LYSANDER EMAIL IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH LYSANDER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES OR CORRESPONDING WITH A LYSANDER EMAIL BY APPLICABLE LAW.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website www.lysanderfunds.com.
If you would like to contact us for any reason, including because you have any complaints, please contact us by email at firstname.lastname@example.org or by telephone at 1-877-308-6979 (toll free).
If we have to contact you we will do so by phone, email, or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
Your use of our Website or correspondence with a Lysander email is also subject to our Website and Email Terms and Conditions, as set out herein. Please take the time to read our Website and Email Terms and Conditions.
2. NO OFFER TO SELL AND NOT SOLICITATION OF AN OFFER TO PURCHASE ANY SECURITY; NO RELIANCE
The content on our Website or in a Lysander email are provided for general information purposes only. They are: (i) not an offer to sell, (ii) not a solicitation of an offer to purchase any security, and (iii) not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site or in a Lysander email.
Any commentaries and information contained on the Website or in a Lysander email should not be considered personal investment advice. Information on the site or in a Lysander email is not intended to provide legal, accounting, financial, or tax advice, and should not be relied upon in that regard. Please consult with your professional advisor with respect to your particular circumstances.
All information herein with respect to any investment fund is qualified in its entirety by the more detailed information contained in each fund’s offering documents. Each potential investor should read the offering documents in their entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision.
The information and materials on Lysander’s website or in a Lysander email should not be considered a recommendation to buy, sell or short a particular security. Any specific securities discussed are intended as an illustration of a portfolio manager’s security selection process. The funds may sell these securities at any time, or purchase securities that have previously been sold. The securities or short positions may increase or decrease in value after the date hereof, and the funds may accordingly gain or lose money on the investment in the securities. The statements by the portfolio managers in their commentaries are intended to illustrate their approach in managing the funds, and should not be relied upon for any other purpose.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and Lysander has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by Lysander, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Lysander. Lysander is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
3. PROSPECTUS FUNDS AND OFFERING MEMORANDUM FUNDS
Lysander is the investment fund manager (“IFM”) of the Prospectus Funds, ETF, Closed-end Fund and Alternative Funds. Canso Fund Management Ltd. (“CFM”) is the IFM of the Offering Memorandum Funds. Employees and personnel are acting on behalf of Lysander in respect of the Prospectus Funds, ETF, Closed-end Fund and Alternative Funds and on behalf of CFM in respect of the Offering Memorandum Funds.
Purchases in the Prospectus Funds or Offering Memorandum Funds, ETF, Closed-end Fund and Alternative Funds can only be made through an Investment Professional on the terms in a fund’s offering memorandum, prospectus or simplified prospectus by qualified investors. For example, only accredited investors may invest in funds sold via an offering memorandum. Each purchaser of units in a fund may have statutory or contractual rights of action. The information in these documents is subject to change without notice.
Lysander-Canso Credit Opportunities Fund and Lysander-Triasima All Country Long/Short Equity Fund are alternative mutual funds. They have the ability to invest in asset classes or use investment strategies that are not permitted for other types of mutual funds. The speciﬁc strategies that diﬀerentiate these funds from other types of mutual funds include: increased use of derivatives for non-hedging purposes; increased ability to sell securities short; and the ability to borrow cash to use for investment purposes. While these strategies will be used in accordance with the funds’ investment objectives and strategies, during certain market conditions they may accelerate the pace at which your investment decreases in value. The Funds have also obtained additional flexibility from certain regulatory provisions through exemptive relief as described in the prospectus.
Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the applicable offering memorandum, prospectus or simplified prospectus before investing.
Unless otherwise specified, the indicated rates of return are historical annual compounded total returns including changes in unit value and reinvestment of all distributions and do not take into account sales, redemption, distribution or optional charges or income taxes payable by any securityholder that would have reduced returns. Mutual fund securities are not covered by the Canada Deposit Insurance Corporation or by any other government deposit insurer. Investment funds are not guaranteed; their values change frequently and past performance may not be repeated.
You will usually pay brokerage fees to your dealer if you purchase or sell units of funds listed on the Toronto Stock Exchange (TSX). If the units are purchased or sold on the TSX, investors may pay more than the current net asset value when buying units of these investment funds and may receive less than the current net asset value when selling them.
There are ongoing fees and expenses associated with owning units of a closed-end fund. These investment fund must prepare disclosure documents that contain key information about the fund. You can find more detailed information about the fund in these documents.
4. FORWARD LOOKING STATEMENTS
Lysander’s website or communications from a Lysander email may contain forward-looking statements. Statements concerning a fund’s objectives, goals, strategies, intentions, plans, beliefs, expectations and estimates, and the business, operations, financial performance and condition of the fund are forward-looking statements. The words “believe”, “expect”, “anticipate”, “estimate”, “intend”, “aims”, “may”, “will”, “would” and similar expressions and the negative of such expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. These forward-looking statements are subject to important risks and uncertainties that could cause actual results to differ materially from current expectations. While Lysander considers these risks and uncertainties to be reasonable based on information currently available, they may prove to be incorrect. The content on Lysander’s website or communications from a Lysander email is subject to change without notice. Information given on a particular date may no longer be current when Lysander’s website or the communication from a Lysander email is accessed on a later date.
5. MODIFICATIONS TO THE TERMS AND CONDITIONS AND THE WEBSITE
Lysander reserves the right in our sole discretion to revise and update these Terms and Conditions from time to time, including the material and/or the products, site-related services, and resources described therein and reserves the right to make such changes without any obligation to notify past, current, or prospective users and visitors of this site. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting, and apply to all access to and continued use of the Website or correspondence with a Lysander email. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications. Your continued use shall be your acceptance of these Terms and Conditions.
The Website, and the information and material on the Website or in any communication through a Lysander email, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period. We may change, suspend, or end any service, or change and modify prices prospectively at our discretion, subject to applicable laws and regulations. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law. We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
6. USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY
Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
The Website includes content that may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any user name, 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 user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time, and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
7. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards (“Content Standards“) apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “Submit“) to the Website, to other users, or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
- a) In any manner violate any applicable federal, provincial, local, or international law or regulation.
- b) Access without authority, interfere with, damage, or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third party.
- c) Involve, provide or contribute any false, inaccurate, or misleading information.
- d) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Content Standards set out in these Terms and Conditions.
- e) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- f) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
8. SITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION
Lysander has the right, without provision of notice to:
- a) Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- b) At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website and User Submissions and Content Standards or Terms and Conditions.
- c) Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We may initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- d) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS LYSANDER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY LYSANDER AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER LYSANDER OR SUCH PARTIES OR BY LAW ENFORCEMENT.
We have no obligation nor any responsibility to any party to monitor the Website or the use of the Website, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
Unless otherwise specified, the currency used throughout the website is in Canadian dollars.
11. THIRD PARTY WEBSITES AND LINKS TO THIS SITE
Links to non-Lysander websites are provided solely as pointers to information on topics that may be useful to users of the Lysander website or communications from a Lysander email. Lysander does not control the content on such non-Lysander websites. Lysander makes no warranties, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Lysander warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination. Lysander does not guarantee the authenticity of any document on the Internet. Links to non-Lysander websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites. If you choose to access any such sites, you do so at your own risk.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the conditions of use and User Submissions and Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Lysander does not review the sites that link to this site and is not responsible for any of those sites or the contents or materials of those sites that link to this site. Your linking to any other sites or pages is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
12. SOCIAL MEDIA
Lysander’s social media accounts may follow other users, share or provide hyperlinks to third-party content and “like/favourite” third-party content. Doing so is intended to provide additional perspective and should not be construed as an endorsement for any individuals, services, products, guidance or points of view. Comments and opinions posted by users are the responsibility of the person who posts them. Lysander does not endorse or guarantee the accuracy of the content posted by others. Any opinions expressed by our followers are those of the persons submitting the comments and do not necessarily represent the views of Lysander.
Lysander reserves the right to block any follower who posts content that is deemed inappropriate or offensive or that constitutes a testimonial, advice, recommendation or advertisement for securities, products or services or that is promotional in nature. Lysander also reserves the right to block followers whose social media pages contain offensive or inappropriate content or serve as promotional sites.
13. TRADE-MARKS AND COPYRIGHTS
Certain names, words, titles, phrases, logos, icons, graphics or designs on the pages of Lysander’s website or in communications from a Lysander email may constitute trade names, registered or unregistered trade-marks or service marks of Lysander Funds Limited or other third parties. ®Lysander Funds is a registered trademark of Lysander Funds Limited.
Information included in Lysander emails are intended for the use of the individual(s) or entities named and should be treated as privileged, confidential, private and exempt from disclosure under any applicable law. If the reader is not the intended recipient, any dissemination, distribution, copying or use of any kind of this communication is strictly prohibited. If you have received an email from Lysander in error, please notify the sender immediately and destroy all copies of the email.
15. BENCHMARKS AND OTHER SOURCES OF DATA
Certain information presented by Lysander is obtained from sources other than Lysander. Lysander endeavours to use reasonable efforts to identify the source of such information. Set out below are the terms and conditions in connection with Lysander’s use of information from the respective sources.
Copyright © 2021 FTSE Global Debt Capital Markets Inc. All rights reserved. FTSE Global Debt Capital Markets Inc (“FTDCM”), FTSE International Limited (“FTSE”) or the London Stock Exchange Group companies (the “Exchange” and, together with FTDCM and FTSE, the “Licensor Parties”). The Licensor Parties make no warranty or representation whatsoever, expressly or impliedly, either as to the results to be obtained from the use of the FTSE Canada Indices (“the Indices”) and/or the figure at which the said Indices stand at any particular time on any particular day or otherwise. The Indices are compiled and calculated by FTDCM and all copyright in the Indices values and constituent lists vests in FTDCM. The Licensor Parties shall not be liable (whether in negligence or otherwise) to any person for any error in the Indices and the Licensor Parties shall not be under any obligation to advise any person of any error therein.
“FTSE®” is a trade mark of the London Stock Exchange Group companies and is used by FTDCM under licence. “FTSE®” is a trade mark of the FTSE International Limited and is used by FTDCM under license.
ICE BofAML Disclaimer:
Any unauthorized use or disclosure is prohibited. Nothing herein should in any way be deemed to alter the legal rights and obligations contained in agreements between any ICE Data Services entity (“ICE”) and their clients relating to any of the Indices or products or services described herein. The information provided by ICE and contained herein is subject to change without notice and does not constitute any form of representation or undertaking. ICE and its affiliates make no warranties whatsoever either express or implied as to merchantability fitness for a particular purpose or any other matter in connection with the information provided. Without limiting the foregoing ICE and its affiliates makes no representation or warranty that any information provided hereunder are complete or free from errors omissions or defects. All information provided by ICE is owned by or licensed to ICE. ICE retains exclusive ownership of the ICE Indices including the ICE BofAML Indexes and the analytics used to create this analysis ICE may in its absolute discretion and without prior notice revise or terminate the ICE information Indices and analytics at any time. The information in this analysis is for internal use only and redistribution of this information to third parties is expressly prohibited.
Neither the analysis nor the information contained therein constitutes investment advice or an offer or an invitation to make an offer to buy or sell any securities or any options, futures or other derivatives related to such securities. The information and calculations contained in this analysis have been obtained from a variety of sources including those other than ICE and ICE does not guarantee their accuracy. Prior to relying on any ICE information and/or the execution of a security trade based upon such ICE information you are advised to consult with your broker or other financial representative to verify pricing information. There is no assurance that hypothetical results will be equal to actual performance under any market conditions. THE ICE INFORMATION IS PROVIDED TO THE USERS “AS IS.” NEITHER ICE NOR ITS AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION INACCURACY ERROR OR OMISSION REGARDLESS OF CAUSE IN THE ICE INFORMATION OR FOR ANY DAMAGES RESULTING THEREFROM. In no event shall ICE or any of its affiliates employees officers directors or agents of any such persons have any liability to any person or entity relating to or arising out of this information analysis or the indices contained herein.
TSX © Copyright 2021 TSX Inc. All Rights Reserved.
© 2021 Morningstar. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
Refinitiv Lipper Awards
Refinitiv Lipper Fund Awards 2021 Winner Canada
Lysander-Canso Bond Fund Series F. Best Canadian Short Term Fixed Income Fund Over 3 Years
Lysander-Canso Corporate Value Bond Fund Series F. Best Global Corporate Fixed Income Fund Over 3 Years.
Lysander – Canso U.S. Credit Fund Series F. Best Global Corporate Fixed Income Fund Over 5 Years.
The Refinitiv Lipper Fund Awards, granted annually, highlight funds and fund companies that have excelled in delivering consistently strong risk-adjusted performance relative to their peers. The Refinitiv Lipper Fund Awards are based on the Lipper Leader for Consistent Return rating, which is a risk-adjusted performance measure calculated over 36, 60 and 120 months. The highest 20% of funds in each category are named Lipper Leaders for Consistent Return and receive a score of 5, the next 20% receive a score of 4, the middle 20% are scored 3, the next 20% are scored 2, and the lowest 20% are scored 1. The fund with the highest Lipper Leader for Consistent Return (Effective Return) value in each eligible classification wins the Refinitiv Lipper Fund Award. For more information, see lipperfundawards.com. Although Refinitiv Lipper makes reasonable efforts to ensure the accuracy and reliability of the data contained herein, the accuracy is not guaranteed by Refinitiv Lipper.
Lysander-Canso Bond Fund (Series F) was named Best Canadian Short Term Fixed Income Fund for 3 years ending July 31, 2021, out of a classification total of 38 funds (3 years). Performance for the fund for the period ended July 31, 2021 was 1.3% (1 year), 4.3% (3 years), and 3.0% (5 years). Performance for the fund (Series F) for the period ended October 31, 2021, was 1.3% (1 year), 3.61% (3 years), and 2.24% (5 years). The corresponding Refinitiv Lipper Leader ratings for Consistent Return of the fund for the same period were: N/A (1 year), 5 (3 years), and 5 (5 years).
Lysander-Canso Corporate Value Bond Fund (Series F) was named Best Global Corporate Fixed Income Fund for 3 years ending July 31, 2021, out of a classification total of 16 funds (3 years). Performance for the fund for the period ended July 31, 2021 was 21.9% (1 year), 11.9% (3 years), and 7.9% (5 years). Performance for the fund (Series F) for the period ended October 31, 2021, was 23.2% (1 year), 12.8% (3 years), and 8.5% (5 years). The corresponding Refinitiv Lipper Leader ratings for Consistent Return of the fund for the same period were: N/A (1 year), 5 (3 years), and 5 (5 years).
Lysander-Canso U.S. Credit Fund (USD) (Series F) was named Best Global Corporate Fixed Income Fund for 5 years ending July 31, 2021, out of a classification total of 14 funds (3 years). Performance for the fund for the period ended July 31, 2021 was 19.5% (1 year), 11.5% (3 years), and 8.8% (5 years). Performance for the fund (Series F) for the period ended October 31, 2021, was 19.4% (1 year), 11.9% (3 years), and 8.5% (5 years). The corresponding Refinitiv Lipper Leader ratings for Consistent Return of the fund for the same period were: N/A (1 year), 5 (3 years), and 5 (5 years).
Refinitiv Lipper Fund Awards, ©2021 Refinitiv. All rights reserved. Used under license.
Lysander Funds Limited is dedicated to treating all people in a way that allows them to maintain their dignity and independence. We are committed to taking all reasonable efforts for persons with disabilities to obtain, use or benefit from our services and facilities by:
- Providing integration and equal opportunity;
- Preventing and removing barriers to accessibility;
- Permitting and enabling the use of assistive devices or other supports for accessibility and communications; and
- Meeting accessibility requirements under the Accessibility for Ontarians with Disabilities Act (AODA) and the Integrated Accessibility Standards Regulations (IASR).
Lysander Funds Limited has an accessibility plan that is available upon request and in accessible formats, and also welcomes feedback on meeting the accessibility needs of individuals with disabilities.
Please contact us by telephone at 1-877-308-6979, e-mail at email@example.com.
Lysander Funds Limited is also an equal opportunity employer and welcomes employees and applicants with disabilities. If you require accommodation, please contact us to discuss how we can meet your needs.
17. GOVERNING LAW, JURISDICTION, AND GEOGRAPHIC RESTRICTIONS
Lysander controls and operates this Website from its headquarters in Toronto, Ontario, Canada. Lysander makes no representation that the Website or the materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for complying with applicable local laws. If you access this site from outside Canada, you do so at your own risk and you are responsible for compliance with the applicable laws in your jurisdiction. The Terms and Conditions are entered into in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, exclusive of its choice of law rules. Each party to the Terms and Conditions submits to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario, and waives any jurisdictional venue or inconvenient forum objections to such courts. In any action to enforce the Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.
18. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER LYSANDER NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER LYSANDER NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE OR NOT INTERCEPTED. YOU ASSUME TOTAL RESPONSIBILITY, COST AND RISK FOR YOUR USE OF THIS SITE, THE MATERIAL AND SITE-RELATED SERVICES.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
19. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE WILL LYSANDER, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF LYSANDER OR AN AUTHORIZED LYSANDER REPRESENTATIVE WAS ALLEGEDLY ADVISED, HAD REASON TO KNOW, OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES, OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN NO EVENT SHALL LYSANDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF LYSANDER TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. YOU HEREBY RELEASE LYSANDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lysander, their affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, 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 the Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, Information, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Any consent by Lysander to, or waiver of, a breach of these Terms and Conditions of Use which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different, or subsequent breach. Lysander may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign your rights or obligations hereunder without Lysander’s prior written consent.
24. ENTIRE AGREEMENT