HARVEST – Terms of Use
Legal Restrictions and Terms of Use
The HARVEST Group (“HARVEST” or the “Firm”) is a real estate finance and development company headquartered in Calgary, Alberta, Canada.
The Firm has participated in a variety of syndication projects over its years in operation, and this Website is intended as an information resource to its stakeholders, and is provided as a service to inform, educate and address stakeholder queries and concerns.
This Website is not intended to solicit investment funds in any jurisdiction.
This Website and the information contained herein do not constitute an offer or solicitation for the sale of any product or securities of The HARVEST Group or any of its associates, affiliates and related entities (“HARVEST”). Any formal offer of product or securities will only be accompanied by formal offering documentation or other definitive materials that have been prepared in accordance with applicable law specifically for the purposes of making such offer, and distributed in accordance with applicable securities laws, and may include the services or registered exempt market dealers. The documents and information available within this Website are not intended to provide you with any financial, accounting, tax or legal advice.
This Website may contain forward-looking information with respect to HARVEST’s projects and future results. Forward-looking statements often, but not always, identified by words such as “anticipate”, “believe”, “expect”, “intend”, “should”, “should be” and similar expressions have been used herein to identify forward-looking information. Actual results may differ from expected results for a variety of reasons including, but not limited to, economic and financial conditions in Canada and globally, regulatory developments in Canada and elsewhere, technological developments, competition and other factors beyond HARVEST’s control. Past performance of projects does not guarantee that investors in future projects will experience comparable returns. You should not rely on this information as a forecast or projection of probable returns, if any, on investments in future projects as future projects are in different geographical areas, may be structured differently and subject to different risks.
HARVEST makes no representations or warranties about the accuracy or completeness of this Website or any of its contents, including, without limitation, the accuracy or timelines. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable laws.
HARVEST assumes no obligation to update or revise this Website or any forward-looking information to reflect new events or circumstances other than as may be required by applicable laws.
General
The information on this Web site is provided “as is” and The HARVEST Group makes no representations or warranties as to the accuracy, adequacy, completeness, or appropriateness for any particular purpose of any such information. The HARVEST Group expressly disclaims liability for any errors and omissions therein and for any damages whatsoever whether arising out of or in connection with your use of, reliance upon, or acting or forbearing to act upon, any information on this Web site permitted by applicable law.
Fund information
The material contained on the Website does no constitute an offer to sell or a solicitation to buy any securities. Such an offer can only be made by offering memorandum, and by investors qualified under securities legislation. This information is provided for general informational purposes only and is not intended to provide business, financial, legal, investment or tax advice.
Copyright and trademark notice
All materials published or otherwise accessible through www.TheHARVESTGroup.com (the “On-line Service”), including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software and other materials (the “Content”) are protected by copyright, and are owned or controlled by The HARVEST Group, any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information and restrictions contained in any Content accessed through the On-line Service.
Duty to update
The information in the reports, press release. etc. speaks as of the date each was issued. The HARVEST Group does not, does not intend to, and expressly disclaims any duty to, update or correct such information.
1. Legal Notices and Terms of Use Binding. By accessing this Website of HARVEST and any pages hereof, you agree to be bound by the terms of these Legal Notices and Terms of Use (the “Terms”). If you do not agree with the Terms, do not use this Website or any pages thereof. We reserve the right, in our sole discretion, to modify, alter, delete or otherwise update the Terms at any time without notice to you and you agree to be bound by such modifications, alterations, deletions or updates. Accordingly, you should review the Terms of Use each time you access this
Website.
2. Material to be Consulted in its Entirety. All Materials found 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, disclosures 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.
3. Use of Information. You hereby agree that you shall not use any information contained in this Website or the links to this Website in any claims, proceedings, suits, actions, regulatory complaints or any adversarial process against HARVEST.
4. No Advice. The information provided on this Website is intended for informational purposes only and is not intended to constitute investment, financial, legal, tax or accounting advice. Many factors unknown to us may affect the applicability of any statement or comment made on this Website to your particular circumstances. Hence you should not rely on the information on the Website for investment, financial, legal, tax or accounting advice. You should directly consult your financial professional or other advisors before acting on any information on this Website. Also, the material on this Website is provided with the understanding that HARVEST is not acting in a fiduciary capacity.
5. No Offer or Solicitation. Nothing on the Website shall be construed as an offer to sell or a solicitation of an offer to buy any securities.
6. HARVEST’s Interest. HARVEST or affiliated companies or persons may participate in an offering of, have a position in, or make a market in, the securities mentioned herein, and may, as principal or agent, buy and sell such products. Furthermore, HARVEST may have managed or co-managed a public offering of, or acted as initial purchaser or placement agent for a private placement of, any of the securities of any issuer mentioned at this Website, or may from time to time perform investment banking or other services for, or solicit investment banking or other business from, companies mentioned on this Website.
7. Waiver of Liability. Under no circumstances, including but not limited to, negligence, tortuous action or any other cause of action, shall HARVEST be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the access or use of this Website, or the inability to access or use the material at this Website, even if HARVEST or its representative is advised of the possibility of such damages or such damages are reasonably foreseeable, other than those consequential or incidental damages which are incapable of exclusion, restriction, or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of liability for consequential or incidental damages, in which case, in no event HARVEST’s total liability for any and all damages and causes of action shall exceed the amount paid by you, if any, for the use of this Website.
9. No Representation, Warranty or Condition. HARVEST does not warrant the accuracy, completeness, quality, adequacy or content of any information or tool provided on this Website and should not be relied upon as such, nor does it make any warranty as to the results that may be obtained from the use of this Website. All information provided on this Website is provided “as is” without representation, warranty or condition of any kind, either express, implied or statutory, including without limitation, implied representations, warranties or conditions of merchantability, fitness for particular purpose, title, or non-infringement of intellectual property rights, other than those warranties which are implied by and are incapable of exclusion, restriction, or modification under the laws of those jurisdictions which do not allow such exclusion, restriction or modification of implied warranties. HARVEST does not undertake to advise you of any change in the reported information or in the opinions herein.
10. Hyperlinks. The Website s linked to this Website are not under the control of HARVEST and HARVEST is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked Website or any link contained in a linked Website . It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice.
11. No Endorsement. Other Websites accessed by hypertext in this Website have been independently developed by parties other than HARVEST. HARVEST provides these hyperlinks only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by HARVEST of any third party products, services or information provided on the linked Website is expressed or implied by any information or content referred to or included on, or linked from or to this Website. Your use of the linked Websites may be subject to terms and conditions contained in those Websites, which you should locate and carefully review.
12. Monitoring. HARVEST is under no obligation to monitor the Website and assumes no responsibility or liability should its content be modified or altered in any way without HARVEST’s consent.
13. Damage. HARVEST assumes no responsibility and shall not be liable for any damages to, or viruses
that may infect your computer equipment or other property as a result of you accessing, using, browsing or downloading of any materials, data, text, or images from this Website.
14. Right of Indemnification. You agree to defend, indemnify and hold HARVEST, its officers, directors, employees and suppliers harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms of Use by you, or in connection with your use of the Website or with the placement or transmission of any message or information on the Website by you.
15. Copyright. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of Harvest Group, except for non-commercial use provided that you do not modify the content and that you display all copyright and other proprietary notices contained in the content. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the content.
16. Trademarks. The trademarks, logos, service marks and other names, logos and icons identifying products and services (collectively the “Trademarks”) displayed on the Website, are registered and unregistered Trademarks of HARVEST and others.
17. Consent. You hereby authorize HARVEST to collect and retain all relevant information relating to your use of the Website. You further authorize any third party to provide HARVEST with such information. Please review HARVEST’s privacy policy posted on this Website.
18. Waiver. HARVEST’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights contained in these Terms of Use.
19. Governing Laws. These Terms of Use shall be governed by the laws of the Province of Alberta, and you agree to be bound by the laws of this jurisdiction. You agree to attorn to the jurisdiction of the Province of Alberta.