Terms of Use


Acceptance of Terms

Cowan Asset Management makes this website (the "Site"), including all information, documents, content, materials, software and services (the "Materials") available on the Site, available to you subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Cowan Asset Management reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

Access to the Site

Cowan Asset Management may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, Cowan Asset Management may bar any further access to the Materials, and/or the Site. Cowan Asset Management shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.
Use of Site Information

You are permitted to view Materials from the Site, and may be permitted to copy, download and print select materials provided that:

You have received approval by contacting info@cowanasset.com 

You use the Materials for informational purposes only; you do not modify or alter the Materials in any way; you do not copy or distribute graphics from the Site separate from their text; you do not quote the Materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make.

Cowan Asset Management reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Cowan Asset Management. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trademark and other laws and may not be copied or imitated in whole or in part.

For permission to use third-party materials appearing on the Site, please contact the owner of such materials.

Account Security

If you are required to register to access sections of this Site, you must complete the registration process by providing current, complete and accurate information as prompted by the registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Cowan Asset Management will rely completely on authorizations and information provided by the Client or by persons acting on its behalf, and assess all data provided as accurate. Furthermore, you are entirely responsible for any and all activities that occur under your account or the accounts of those you are responsible for in your organization. You agree to notify Cowan Asset Management immediately of any unauthorized use or any other breach of security of your account or the aforementioned accounts. Cowan Asset Management will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Similarly, you may not use anyone else's account at any time, without permission of the account holder.

Cowan Asset Management may, in its sole discretion and without notice to you, de-activate your user name and/or password and terminate access to the Site if Cowan Asset Management believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or you have submitted inaccurate, incomplete, false, misleading or fraudulent information on this Site.

You agree that Cowan Asset Management will not be held liable for any losses or damages you may suffer as a result of a breach of these Terms and Conditions.

Content Provided to Cowan Asset Management or Posted at any Cowan Asset Management Website

Cowan Asset Management does not claim ownership of the content, information or materials that you provide to Cowan Asset Management (including feedback and suggestions) (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Cowan Asset Management, its affiliated companies and necessary sublicense's permission to use your Submission, including, without limitation, the license rights to: copy, distribute within the Cowan Asset Management companies, translate and reformat your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cowan Asset Management is under no obligation to post or use any Submission you may provide and Cowan Asset Management may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Upon reasonable request by Cowan Asset Management, you will provide information related to any claim that your Submission infringes any third party rights.

In the event you submit personal information to Cowan Asset Management in confidence through this Site, you consent to the collection, processing, transmission and disclosure of such information by Cowan Asset Management for the purposes of Cowan Asset Management's internal use. We will not collect personally identifiable information - such as names, addresses, postal codes, email addresses - unless you provide it to us voluntarily and knowingly (for example, if you are applying for a position within Cowan Asset Management). If you choose to provide such personal information, we will not disclose it to a third party unless: a) it is needed to facilitate the provision of products and services to you, b) to the extent required by law, or c) in accordance with Cowan Asset Management's Privacy Policy.

The Site does not use "cookies" - a small text file stored on your hard drive when you visit a site.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Cowan Asset Management, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use Cowan Asset Management's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Cowan Asset Management.

Support

You acknowledge and agree that you use the Site, Software and Services at your own risk. Cowan Asset Management will make reasonable efforts to ensure that this site is virus free, but does not guarantee that this is the case. Support regarding the Software and Services is only provided subject to the terms of a separate agreement between you and Cowan Asset Management.

Limitations on Liability

Cowan Asset Management may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date and Cowan Asset Management makes no commitment to update such Materials.

The Site could include technical or other mistakes, inaccuracies or typographical errors. Cowan Asset Management assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other sites, services and products are provided "as is" without warranty of any kind, either express or implied.

In no event shall Cowan Asset Management, its suppliers or licensors have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Cowan Asset Management has been advised of the possibility of such damages or they are foreseeable. Cowan Asset Management is not responsible for claims by a third party. In no event shall Cowan Asset Management's (or its suppliers or licensors) maximum aggregate liability to you for damages, losses and causes of action, whether in contract, tort, (including, but not limited to, negligence) or otherwise exceed $1 Canadian. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some provinces/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless Cowan Asset Management and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site.

Links to Third Party Sites

This Site contains links to other sites on the Internet that are not within Cowan Asset Management's control and are owned and operated by Cowan Asset Management's partners, customers and other third parties (the "External Sites"). Cowan Asset Management will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and Cowan Asset Management is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. Cowan Asset Management provides links to External Sites merely as a convenience.

You acknowledge and agree that the inclusion of such External Links does not imply that Cowan Asset Management endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Cowan Asset Management shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

Privacy Policy Statement

The terms of Cowan Asset Management's Privacy Policy Statement ("Privacy Policy") are outlined in a separate document on this Site entitled Privacy Policy. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

Availability of Products, Services and Information

The products, services and information described in this site are available only in the jurisdictions where they may be legally provided, and may not be available in all regions of Canada or to residents in all other jurisdictions.

The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country or region. These references do not imply that Cowan Asset Management intends to announce such products, services or programs in your country or region. Cowan Asset Management makes no representation that Materials on this Site are appropriate or available for use outside of Canada and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site you do so on your own initiative and are responsible for compliance with local laws.

Choice of Law and Jurisdiction

This Site (excluding links to External Sites) is controlled by Cowan Asset Management from its offices in Cambridge, Ontario, Canada. By accessing this Site, you and Cowan Asset Management agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Cowan Asset Management expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Cowan Asset Management also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the Waterloo Region, Ontario with respect to such matters.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between Cowan Asset Management and you and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Cowan Asset Management, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Cowan Asset Management to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Complaints

If you have any complaints, please contact us directly. If your complaint concerns an administrative matter such as failure to receive a confirmation, statement or other document you were expecting, or an error in a transaction, please contact us by telephone at 1-844-334-3323.

If your complaint is about your investments or the handling of your account, please make your complaint in writing. It will be helpful to have as much detail as possible about the complaint. If you feel unable to explain the complaint in writing or to determine what information is relevant, please call us at the number above. We will attempt to resolve your complaint immediately. If we cannot resolve your complaint within five business days of receipt, we will write to you, advising you of how the complaint is being dealt with, who to contact if you require further information, and when you may expect a response. The investigation of your complaint will normally be handled internally, although Cowan Asset Management may seek outside assistance, if needed, to properly investigate your complaint or because of a conflict of interest. Under normal circumstances, you will receive a written response as soon as possible and in all cases no more than 90 days after your complaint is received. If the investigation of your complaint is complex and lengthy so that more than 90 days is required, we will inform you and let you know when to expect our response.

If a complaint is not resolved internally to your liking or is not handled within 90 days, an independent dispute resolution service through the Ombudsman for Banking Services and Investments (OBSI) will be made available to you.