Terms of Use – Foresters Financial Investment Management Company of Canada Inc. Web Site

Introduction

Foresters Financial Investment Management Company of Canada Inc.("Foresters Financial Investment") is concerned about the privacy rights of visitors to its Web site ("Site") and the security of their data. Accordingly, we have adopted this Terms of Use ("Statement") for this Site to ensure responsible use of the information you share with Foresters Financial Investment. Foresters Financial Investment only provides the Site and the products and services thereunder to residents or citizens of Canada ("Canadians"). The Site is not intended to be used by, to solicit business from, or to provide any information concerning products to be sold to, any person located outside Canada. Foresters Financial Investment may at any time revise this Statement by updating the Site. You are bound by any such revisions and should therefore periodically visit this page to review the then current Statement.

This website is for informational purposes only. This website does not provide investment advice or recommendations, nor is it an offer or solicitation of any kind to buy or sell any investment products. This website is designed for use by Institutional Investors only as defined below, and not for use by the retail market.

Basic Definitions

"Personal Data" is personal and/or confidential information that relates to you and your account or contract with Foresters Financial Investment

"Communications" are any non-confidential and nonproprietary communications information, except for Personal Data, that you transmit to the Site by electronic mail or otherwise, including data, questions, comments and/or suggestions.

"Institutional Investor" is a sophisticated non-retail investor such as an investment company, an investment advisor or professional, a plan sponsor, or a foundation."

"Personal Information" is any Communication where you knowingly enter your personal information such as your name, address, social security number, or telephone number.

"Non-Personal Information" is any Communication derived from your connection to the Site, such as your Internet browser, domain name and referrer link.

All Communications, except for Personal Data, will be treated as non-confidential and nonproprietary, will become the property of Foresters Financial Investment and may be used for purposes described herein.

Foresters Financial Investment Contact Information

Foresters Financial Investment Management Company of Canada Inc.
20 Adelaide Street East
15th Floor
Toronto, Ontario M5C 2T6
Phone: 1-866-imaxx-go (1-866-462-9946)
E-mail: info@imaxxwealth.com

What Information is Collected and Use of Information

In general, you can visit the Site while remaining anonymous by not providing any Personal Information. In some cases, Non-Personal Information may be automatically collected, such as your Internet Browser, computer operating system, internet protocol address domain name of your Internet service provider and/or the Web site from which you linked to our Site.

Foresters Financial Investment's Collection and Use of Personal Information

Personal Information about you (e.g., your name, address, telephone number, social security number, and/or email address) will not be collected unless you provide it to Foresters Financial Investment. We will explain to you how Foresters Financial Investment intends to use Personal Information, either before or at the time when we collects that information. For example, Foresters Financial Investment retains e-mail addresses of visitors who respond to the Site's e-mail forms, online forms, registration forms, and surveys and contest entries. Foresters Financial Investment also retains information about the frequency of Site visits, length of time of the visit, and aggregate information on which Site page visitors access. Foresters Financial Investment will collect only such Personal Information that it requires and use it only for the purposes explained to you, including those described in this Statement. Foresters Financial Investment will obtain your consent if it intends to use Personal Information for any other purpose.

Foresters Financial Investment’s use of Cookies

Foresters Financial Investment sends all Internet visitors "Cookies". A Cookie is a small data file sent by the Site to your browser, which may then be stored on your hard drive. A Cookie enables the Site to recognize you if you have a Foresters Financial Investment account or have utilized certain Site features. In addition, the Cookie may recall information so that you do not have to resubmit it, and also automatically updates Site information. You may be able to program your browser software to notify you of attempts to send cookies and/or you may decline or delete them.

Foresters Financial Investment’s use of Communications for requests

Foresters Financial Investment will primarily use Communications to respond to your request(s). It may use Personal Information for editorial and feedback purposes, marketing and promotional purposes, reproduction, disclosure, transmission, publication, broadcast or posting, and for a statistical analysis of users' behavior. Furthermore, Foresters Financial Investment retains the right to use ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Non-Personal Information may be aggregated for internal review and used to improve the Site's content and its structure. Personal Information will be discarded, deleted, or converted into an anonymous form when it is no longer required by Foresters Financial Investment for its business purposes.

Foresters Financial Investment does not distribute Personal Data or Communications to unaffiliated third parties.

Foresters Financial Investment will not voluntarily share, rent, sell or otherwise disclose information obtained from visitors to the Site (whether Personal Data or Communications) to unaffiliated third parties.

When you choose not to provide Personal Information.

When you choose not to provide a personally identifiable Communication, Foresters Financial Investment may not be able to respond to your request. You may receive an error message displayed on your browser.

How to access, update & correct Personal Information.

Use the contact names and numbers listed above in the section entitled Foresters Financial Investment Contact Information.

Foresters Financial Investment Security Measures for Personal Information

Foresters Financial Investment will take appropriate steps and security measures to protect all Personal Information you share with it. Whenever you provide the Site with Personal Data, Foresters Financial Investment will take commercially reasonable steps to establish a secure connection with your Web browser. Remember that e-mail over the Internet is generally unencrypted and not secure or private.

THE SITE CONTAINS SECURED AND NON SECURED SECTIONS. INHERENT IN THE USE OF THE INTERNET AND INTERNET-RELATED TECHNOLOGIES IS SOME RISK OF DISCLOSURE OF INFORMATION, INCLUDING WITHOUT LIMITATION, PERSONAL DATA YOU SUPPLY. YOUR USE OF THE SITE AND YOUR ENTRY OF INFORMATION IS AT YOUR OWN RISK. FORESTERS FINANCIAL INVESTMENT CANNOT ACCEPT RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE OR INJURY THAT YOU MAY INCUR OR THAT MAY RESULT FROM YOUR USE OF THE SITE OR THE INTERCEPTION OF INFORMATION THAT YOU PROVIDE, INCLUDING WITHOUT LIMITATION, PERSONAL DATA, BY A THIRD PARTY.

Your access to Personal Information at Foresters Financial Investment

You may request disclosure of Personal Information held by Foresters Financial Investment about you if such Personal Information is not available from any of Foresters Financial Investment financial advisers. In order to obtain such information you may be charged a nominal amount to cover the costs of conducting the search and providing copies. Foresters Financial Investment will only disclose such Personal Information if it is not subject to legal privilege, does not refer to other persons, can be retrieved in a cost-effective manner, and is not otherwise legally restricted from being disclosed.

Foresters Financial Investment will correct inaccurate Personal Information

Foresters Financial Investment makes reasonable commercial efforts to ensure information (including Personal Information) is accurate. You can assist by providing up-to-date information and notifying Foresters Financial Investment of any inaccuracies in information.

Limitation of Liability

THE SITE AND ITS CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORESTERS FINANCIAL INVESTMENT DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU IS OR WILL BE ERROR-FREE, ACCESSIBLE, UNINTERRUPTED, OR FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. FORESTERS FINANCIAL INVESTMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. YOU (AND NOT FORESTERS FINANCIAL INVESTMENT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, NEGLIGENCE BY ACT OR OMISSION, AND FUNDAMENTAL BREACH, SHALL FORESTERS FINANCIAL INVESTMENT OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF FORESTERS FINANCIAL INVESTMENT OR A REPRESENTATIVE AUTHORIZED BY IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL FORESTERS FINANCIAL INVESTMENT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, OR IF SUCH AMOUNT IS LESS THAN $100 THEN $100.

Links to Third Party Web Sites

If you use any links provided in the Site to Web sites not owned, maintained nor hosted by Foresters Financial Investment ("Off-sites"), you will leave the Site. Foresters Financial Investment is not responsible for any Off-site's privacy policies, terms of use, or the use of personally identifiable information by an Off-site. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Off-Sites, and Foresters Financial Investment takes no responsibility for such sites. A link to a service or Web site outside of the Site is not an endorsement by Foresters Financial Investment of the service or the Web site, its content, or its sponsoring organization.

Use of This Site

The Site is owned and operated by Foresters Financial Investment. No materials found on the Site or any other site owned, operated, or licensed by Foresters Financial Investment may be copied, reproduced, republished, uploaded, posted, transmitted or distributed by you in any way. You may access and use material on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio, or video without Foresters Financial Investment’s prior written permission. Foresters Financial Investment makes no warranty or representation as to whether your use of materials displayed on the Site may infringe rights of third parties not owned by or affiliated with it.

Jurisdictional Issues

The information contained on the Site is not an offer to sell or a solicitation to buy any security or any product. No security or other product is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products may not be available in all provinces.

All securities transactions are conducted based on signed written agreements between Foresters Financial Investment and its customers, and the terms of those agreements are binding on the parties. No other statement or representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements. Your use of the Site constitutes your agreement to the applicable Terms of Use applicable to such use. By using the Site, you accept at your own risk that the Internet and online communications medium may not perform as intended.

Your use of the Site, and this Policy and Terms of Use shall be construed and controlled by the laws of the Province of Ontario. Further, any dispute arising from your use of this Site, or this Policy and Terms of Use, or a breach of thereof, shall be governed by the laws of the Province of Ontario. By accessing this Site, you agree to submit to the jurisdiction of the courts of Ontario and agree that any claim initiated by you will be brought and adjudicated in Toronto, Ontario

Trademarks, Service Marks and Copyrights

Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Site are the property of The Independent Order of Foresters and/or Foresters Financial Investment and may not be used without Foresters Financial Investment’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

Stock Quote

All stock quotes appearing on the Site are not a current representation or a real time stock quote. Foresters Financial Investment is not responsible for the accuracy of any pricing information. Please do not use such quotes for any formal analysis or estimation. Investment may increase or decrease in value according to fluctuations and changes in the market for that investment or other changes.

Professional Advice, Non-Recommendation, Calculator Data

Neither the online calculators nor, their use are intended to supply advice of any type, including, without limitation, investment or tax advice. Although the services and the Site may contain information, e.g., data regarding retirement investing, such information is intended to be educational in nature, and does not constitute an endorsement or recommendation of any security or investment program, service or the suitability thereof for you. The information provided in the online calculators and the Site is not intended to supply professional tax, accounting, financial, or legal advice. You should always seek a personal consultation with a professional provider of such services. Foresters Financial Investment does not offer legal or tax advice.