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This Terms of Use Agreement is a binding contract between you and
Franklin Templeton Investments. It governs your use of this website
and all products, services, content, tools and information available through the website.
By using or accessing this website, you accept and agree to be bound by these Terms of Use.
If you do not agree with the terms and conditions of the Terms of Use Agreement, you
are not granted permission to access or otherwise use this website.
These Terms were last amended as of: February 13, 2003
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Acceptance of the Terms of Use and any Amendments |
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Site Sponsor |
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Information for non-Canadian Investors |
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Authorized Use, Users and Online Account Access |
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Prohibited Uses and Means of Access |
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Fund Prospectus Offer, Performance, and Investment Risks |
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Privacy, Personal Information transmission, Unsolicited Communications and Usage Monitoring |
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Copyright, trademark and other Intellectual Property Rights |
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Linking and Logo Use Policies |
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Third Party Content Providers, Sites, Referrals and Disclaimers |
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Disclaimers |
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Limitation of Liability |
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Indemnification |
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Governing Law, Forum, Severability, and Miscellaneous |
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Termination |
Acceptance of the Terms of Use and any Amendments
This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under
which you may use the website located at franklintempleton.ca and franklintempleton50.ca, and all products,
services, content, tools, and information available through the website
(referred to collectively as the “Site” or the “Site Content”).
Please read the Terms of Use carefully. By accessing, browsing and/or
using this Site, you acknowledge that you have read, understood and agree to be legally
bound by the Terms of Use.
These Terms of Use are in addition to any other agreements between you and us,
including any customer or account agreements, and any other agreements that
govern your use of Franklin Templeton’s or any third party’s
(companies not affiliated with us) products, services, content, tools, and information available on this Site.
Your use of this Site is governed by the version of the Terms of Use in effect on the date
this Site is accessed by you. We reserve the right to change the Site and the Terms
of Use at any time, without notice. The date of any amendment will be shown in the
Table of Contents. If you use the Site after the amended Terms of Use have been posted,
you will be deemed to have agreed to the Terms of Use, as amended.
Site Sponsor
This Site is provided as a service, and for informational purposes only,
by Franklin Templeton Investments Corp. and/or its affiliates that are the
Franklin Templeton Investments corporate group of companies (collectively,
"Franklin Templeton" or “Franklin Templeton Investments” or “we” or “us”) --it is
not provided by the Franklin Templeton Investments products (“Product(s)”).
Franklin Templeton Investments Corp. is a wholly-owned subsidiary of Franklin Resources,
Inc. [NYSE: BEN] which is a global investment organization.
Franklin Templeton provides global and Canadian investment, shareholder and
distribution services to the Products and institutional accounts, as well as
separate account management services.
Information for Non-Canadian Investors
This Site is intended for residents of Canada only. If you do not reside in Canada, please visit our
international websites link
for assistance with products and services legally available in your place of residence.
The Products described on this site are qualified for sale only to residents of Canada through registered investment advisors.
Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security,
or any other product or service, to any person in any jurisdiction where such solicitation, offer,
purchase or sale would be unlawful under the laws of that jurisdiction.
Authorized Use, Users and Online Account Access
Personal use. This Site is intended only for your personal, non-commercial use, unless you and we have agreed otherwise in writing.
Canadian resident use only.
This Site is intended for residents of Canada only.
If you choose to access this Site from locations outside of Canada, you do so at
your own initiative and risk, and are responsible for compliance with all applicable laws.
Your online account access.
If you maintain an account that you access through this Site, you are solely
responsible for maintaining the confidentiality of your account, userid and password
and for restricting access to your computer. You agree to accept responsibility for
all activities occurring under your account, userid or password that are due to your
conduct, inaction, or negligence. Notify us immediately if you become aware of any
disclosure, loss, theft or unauthorized use of your password.
No solicitations.
Nothing on this Site 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.
No investment recommendations or professional advice; use of tools.
This Site is not intended to provide any tax, legal, insurance or investment advice,
and nothing on the Site should be construed as a recommendation,
by us or any third party, to acquire or dispose of any investment or security,
or to engage in any investment strategy or transaction.
While certain tools available on the Site may provide general investment or
financial analyses based upon your personalized input, such results are not to
be construed as our providing investment recommendations or advice.
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 an attorney or tax professional
regarding your specific legal or tax situation.
Prohibited Uses and Means of Access
Prohibited Uses.Because all servers have limited capacity and are
used by many people, you may not use the Site in any manner that could
damage or overburden any Franklin Templeton server, or any network connected
to any Franklin Templeton server. You may not use the Site in any manner that
would interfere with any other party’s use of the Site.
Means of Access.The Site is generally intended to be viewed by a conventional
web browser with a screen resolution of 640 by 480 pixels or greater,
such as Netscape Navigator® 6.1 or Microsoft® Internet Explorer® 5.5.
Although you may use other means to access the Site, be aware that the
Site may not appear accurately through other access methods, and you use
them only at your own risk. You are responsible for setting the cache
settings on your browser to ensure that you are receiving the most recent data.
You should not access the Site through devices or services that are designed to
provide high-speed, automated, repeated access, unless such devices are approved by us.
Password protected areas.Access to and use of password-protected
and/or secure areas of the Site are restricted to authorized users only.
You may not obtain or attempt to obtain unauthorized access to such parts
of our Site, or to any other protected materials or information, through any
means not intentionally made available by us for your specific use.
Unauthorized individuals attempting to access, or actually accessing, these
areas can be subject to criminal and/or civil prosecution.
Product Prospectus Offer, Performance, and Investment Risks
Prospectus Offer. For more information on any of our Products, contact your registered
representative (investment advisor) or download
a prospectus,
which contains important information about a Product’s investment objectives and
strategies, sales charges, expenses and risk considerations.
Please read the prospectus carefully before you invest.
Product Performance. Commissions, trailing commissions, management fees
and expenses all may be associated with mutual fund investments.
Please read the Franklin Templeton Investments prospectus before investing.
Mutual fund securities are not covered by the Canada Deposit Insurance Corporation
or by any other government deposit insurer. There can be no assurances that the
money market funds will be able to maintain their net asset value per security at a
constant amount (the money market tax class funds will not maintain their net asset value
per security at a constant amount) or that the full amount of your investment in the funds
will be returned to you. Share/unit values change frequently and past performance may not be repeated.
Any indicated rates of return are historical annual compounded total returns including changes in share or unit value and reinvestment of all dividends or 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.
Investment Risks. All of the Products are subject to certain risks.
Generally, investments offering potential for higher returns are accompanied by
a higher degree of risk.
Stocks and other equities representing an ownership interest in a corporation have
historically outperformed other asset classes over the long term but tend to
fluctuate more dramatically over the shorter term. Bonds, and other debt obligations,
are affected by the creditworthiness of their issuers and changes in interest rates,
with prices often declining as interest rates increase. High yield, lower rated ("junk")
bonds generally have greater price swings and higher default risks. Foreign investing,
especially in developing countries, has additional risks such as currency, market volatility,
and political and social instability.
These risks, and other risks that particular Products may be subject to, such as specialized
industry sectors or use of complex securities, are discussed in the Franklin Templeton Investments prospectus.
Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring
Privacy policy. For individual shareholders of our Canadian-based Products, please see our
Privacy Policy for a summary of the non-public
personal information that we may collect and maintain about current or former investors;
our policy regarding the use of that information; and the measures we take to safeguard the information.
Personal Information Transmission.
Your use of the Site may involve the transmission of information, including personally
identifiable data, about you. You consent to the transmission of such information by
electronic means through the Internet and represent that such consent shall be effective
each time you use the Site.
Unsolicited communications.
We welcome your feedback about this Site and may use it to improve the Site.
Should you provide unsolicited ideas, or material of any kind (“Communications”)
and we use it to develop or market products, services, content, tools or information,
you agree that we can do so without compensating you. By providing us with such Communications,
you represent to us that you own all rights to it.
Technically this means that you hereby grant Franklin Templeton a perpetual, worldwide,
royalty-free, irrevocable license to edit, reproduce, disclose, transmit,
publish, broadcast, or post your Communications either on the Site or elsewhere
with no liability or obligation to you. Franklin Templeton is free to use any
ideas, concepts, know-how, or techniques obtained in your unsolicited
Communications for any purpose including, but not limited to, developing and
marketing products. Unless we state otherwise on the Site or in our
Privacy Policy,
any Communications that you email or otherwise transmit through the Site can be
treated by us as non-confidential and nonproprietary.
Usage monitoring.
We reserve the right, but do not have the obligation, to access, archive,
or monitor any use of this Site, or your use of this Site and your Communications.
By using the Site, you accept our right to access, archive, or monitor usage to ensure
service quality, or to evaluate the Site, the security of the Site, compliance with these
Terms of Use, or for any other reason. You agree that our monitoring activities
will not entitle you to any cause of action or other right with respect to the
manner in which we monitor your Site usage and enforce, or fail to enforce,
these Terms of Use. You further agree that in no event will Franklin Templeton
be liable for any damages incurred by you as a result of our usage monitoring.
Copyright, Trademark and other Intellectual Property Rights
You acknowledge that this Site is protected by applicable copyrights, trademarks,
trade secrets, patents, proprietary rights and other intellectual property laws,
and that these worldwide rights are valid and protected in all forms, media,
and technologies existing now or developed in the future. Accordingly, you may
not copy, distribute, modify, post or frame-in the Site, including any text,
graphics, video, audio, software code, user interface design or logos, except
as explicitly authorized below or by us in writing.
Permitted uses. Franklin Templeton grants you a non-exclusive, personal,
non-transferable, non-sublicensable, limited and revocable right to access,
use and display this Site on any computers or other electronic display
device of which you are a user, for your personal and non-commercial use only (the “Permitted Uses”).
You agree to use the Site only for lawful purposes, for the Permitted Uses,
and not for the Prohibited Uses. No other use of the Site is authorized
unless you and we have agreed otherwise in writing.
You may print copies of the Site’s Content, provided that these copies are
made only for the Permitted Uses and that you include any notices and
any legal information contained in the Site Content, such as all copyright
notices, trademark legends, or other proprietary rights notices as well
as all legal disclaimers furnished in the footnotes or under “Important Legal Information”
as shown on the screen or through a link. Limited linking to the Site is permitted if
done in full compliance with all applicable laws, these Terms of Use,
our Linking Policy and
our Logo Use Policy.
Prohibited uses. You are prohibited from any use of the Site
that would give rise to liability or otherwise violate any applicable
laws or regulations or the Terms of Use. You may not publicly perform,
publicly display, transmit, publish, participate in the sale or transfer of,
modify, or create derivative works based on anything available through the Site,
in whole or in part. You shall not store electronically any significant portion
of any part of the Site. No reverse engineering, linking, framing, or
modification of any part of this Site is allowed without our written approval.
Any modification or unauthorized use is a violation of Franklin Templeton's
copyrights and other proprietary rights.
Trademarks and copyrights. Our
trademarks are listed in Franklin
Templeton Trademarks. Other company product and service names and logos
used and displayed on this Site may be trademarks or service marks owned by others.
Nothing on this Site should be construed as granting any license or right to use any
of the Franklin Templeton Trademarks or other trademarks displayed on this Site without
the prior written permission in each instance of Franklin Templeton and/or the owner(s)
of such other trademarks. All goodwill generated from the use of the Franklin Templeton
Trademarks on any website will inure to our benefit.
The Site also contains text, software, graphics, images,
and other material protected by copyrights or other proprietary
rights and laws (collectively, the "Proprietary Material"),
owned by Franklin Templeton or its licensors. Any use of such
Proprietary Material other than as permitted herein is expressly
prohibited without the prior permission of Franklin Templeton and/or
the relevant rights holder in writing.
Copyright Policy and Claims Procedure. We reserve the right to remove from our Site,
any content that is alleged to infringe someone’s copyright.
If you reasonably believe that your copyrighted work is accessible on
this Site in a way that constitutes copyright
infringement, please follow this procedure:
Please provide Franklin Templeton’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or,
if multiple copyrighted works are the subject of a single notice, a representative
list of such works;
- An identification and a description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on the copyright owner’s behalf.
Franklin Templeton’s Copyright Agent for Notice of claims of copyright infringement on its Site can be reached as follows:
- Name: Brad Beuttenmiller
- By mail: Franklin Templeton Investments, 200 King Street W, Suite 1500, Toronto, Ontario, M5H 3T4
- By phone: 416-957-6010
- By fax: 416-364-6615
- By email: bbeuttenmiller@franklintempleton.ca
Franklin Templeton Linking and Logo Use Policies.
Use of Franklin Templeton logos or creating hyperlinks to our website is prohibited unless
authorized by us in writing. You may, however, create a link to our website
that includes our logo as long as you accept and follow our Linking Policy and Logo
Use Policy and such link, including logo, is for your personal and non-commercial use ( unless we have agreed to other terms in writing).
We are granting a limited, revocable, nonexclusive and nonexclusive
right to create a hyperlink to this Site under these policies,
and we may revise the Linking or the Logo Use Policies, or withdraw
these permissions or your permission at any time, without prior notice.
Linking Policy
To be an authorized link, a website that links to this Site:
- May link only to:
- Must clearly show that the link is to the website of "Franklin Templeton Investments."
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May link to, but not replicate, the Franklin Templeton Site,
in whole or in part, and the link must maintain the integrity of our layout,
“look and feel,” and Site Content.
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Must not “frame” or create a browser or border environment or advertising around any Franklin Templeton Site Content.
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Must not misrepresent its relationship with Franklin Templeton
(including suggesting that Franklin Templeton is sponsoring, endorsing,
or affiliated with it or its products and services).
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Must not present false information about or disparage,
Franklin Templeton, its products or services, or otherwise tarnish or diminish
the goodwill in its name.
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Must not contain content that could be construed as illegal,
distasteful, offensive or controversial, and should contain only
content that is appropriate for all its authorized users.
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Must only use the Franklin Templeton logo with written permission or in compliance with these Policies.
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The following sentences about Franklin Templeton’s websites may be used on your website in connection with the authorized link. If used, it must not be altered in any way:
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Public site link:
"Visit franklintempleton.ca, home of Franklin Templeton Investments Products."
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Investment representative site link:
"Visit franklintempleton.ca, home of Franklin Templeton Investments Products”
OR “Visit Franklin Templeton’s website for investment advisors to check your clients’ accounts and
get sales ideas—without getting junk email in return."
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The link must be a Permitted Use (see Copyright,
Trademark and other Intellectual Property Rights) and comply
with all applicable laws and our website's Terms of Use.
Logo Use Policy A Franklin Templeton logo used by a third party on the Internet
in connection with an Authorized Link:
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Must be used solely for the purpose of providing an
Authorized Link to the Franklin Templeton site.
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Must be the Franklin Templeton logo approved for this
purpose, and provided below in this section.
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Must not be altered in any way.
Instructions for downloading a Franklin Templeton logo in connection with
an authorized link: Highlight the image. When the menu
pops up, select "Save this image as..." and save it to your
desktop or other appropriate file.
Third Party Content Providers, Sites, Referrals, and Disclaimers
Conditions may apply to third party
content. Some of the products, services, content, including advertisements,
tools, and information available through the Site may be provided by companies
that are not affiliated with Franklin Templeton (“Third Party Content”) and
their source is clearly identified. In some cases, the Third Party Content
may be framed-in on the Franklin Templeton Site or available through a
link to a third party site. In the case of Third Party Content, there may be additional
restrictions that apply to its use. You should be careful to examine them
(for example, in accompanying statements or disclaimers or their posted terms of use)
because they may be more restrictive than the restrictions Franklin Templeton imposes
on our own, proprietary Site Content. Third Party Content providers may have reserved
a right to modify the restrictions they impose on use of their content without notice.
As with our Site’s Terms of Use, use of Third Party Content after a change in the posted
restrictions relating to that content will constitute acceptance of those changes.
Not responsible for Third Party Content, referrals or links to third parties or third party sites.
For informational or educational purposes, or as a service and convenience
to you, this Site may provide referral information, Third Party Content
or live links to a regulatory agency, non-profit organization, or other
unaffiliated third party and their websites, including companies that have a
relationship with Franklin Templeton.
Our decision to provide referral information to a third party or to pass on an offer
made by a third party vendor or to provide a link from our Site to a third party site
is not an endorsement of the third
party, their products or services, or their website accessed through any such links. While we
would generally only provide such information from, or links to, sources
considered reliable, we do not have the resources to conduct independent
investigations and accordingly we make no representations or warranties as
to third party products, services, content, tools and information, and do
not guarantee their accuracy, timeliness, completeness or usefulness.
We advise and encourage you to do your own research You will use Third
Party Content only at your own risk.
Although Third Party Content may be displayed, framed-in or provided
in a pop-up box on the Site, or available through a live link from
our Site to a third party site, Franklin Templeton does not prepare,
edit, guarantee or endorse Third Party Content. By clicking on a link
from our Site to any third party site, you will leave this Site
(even if, for your convenience, a second browser window is opened).
When viewing Third Party Content through such a link, keep
in mind that the third party’s site terms and conditions, privacy
and security policies, or other legal information may be different
from those of Franklin Templeton’s Site. We are not liable for any
direct or indirect technical or system issues, consequences, or
damages arising from your use of any third party website.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY, THEIR PRODUCTS OR SERVICES,
THEIR WEBSITE, OR ANY CONTENT MADE AVAILABLE THROUGH SUCH THIRD PARTY SITES,
NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
REGARDING THIRD PARTY CONTENT (OR ITS ACCURACY) ON ANY THIRD PARTY SITES,
AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
Disclaimers
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
NONE OF FRANKLIN TEMPLETON, ITS AFFILIATES OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FRANKLIN TEMPLETON PARTIES”)
GUARANTEES THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR
USEFULNESS OF ANY OF THE SITE. NONE OF THE FRANKLIN TEMPLETON PARTIES
WARRANT THAT THIS SITE OR DOWNLOADS WILL MEET YOUR NEEDS OR EXPECTATIONS,
OR BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THIS SITE, ITS
SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
THE FRANKLIN TEMPLETON PARTIES HAVE NO RESPONSIBILITY FOR
VIRUSES OR ANY OTHER DAMAGE THAT MAY BE CAUSED TO YOU AS A
RESULT OF USING THIS SITE. PERIODS OF VOLATILE OR UNUSUAL
MARKET ACTIVITY, IN PARTICULAR, MAY AFFECT SYSTEMS AVAILABILITY OR RESPONSE TIME.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS,
ACCURACY OR COMPLETENESS OF THE SITE IS ASSUMED SOLELY BY YOU.
ALL OF THE FRANKLIN TEMPLETON PARTIES HEREBY SPECIFICALLY DISCLAIM
ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF
THE FRANKLIN TEMPLETON PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
You are responsible for your
connectivity. You agree that you are responsible for the means you
use to access the Site and understand that your hardware, software,
the Internet, your Internet Service Provider, and other third parties
involved in connecting you to our Site may not perform as intended or desired.
Not responsible for third party
damages. Franklin Templeton also disclaims responsibility
for damages third parties may cause to you through the use of this
Site, whether intentional or unintentional. For example, you understand
that hackers could breach our security procedures, and that Franklin Templeton
will not be responsible for any related damages.
No reliance on Data. Reasonable precautions have been taken to ensure
that Site Content, including account information and pricing data, are complete
and accurate. However, due to the nature of information delivery technology
and the necessity of using multiple data sources, including Third Party Content,
we are unable to assure the accuracy of the data you access through this Site.
Site Content is presented only as of the date published or indicated and
may be superseded by subsequent market events or other reasons.
Franklin Templeton has no duty to update this Site or any Site Content.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
ARISING FROM ANY ACTIONS OR INVESTMENT DECISIONS TAKEN BY YOU BASED
ON THE ACCURACY OF THE DATA PRESENTED THROUGH THIS SITE.
Cautions about future or
"forward-looking" statements. Speculation or stated beliefs about future events,
such as market and economic conditions, company or security performance,
upcoming product offerings or other projections are "forward-looking statements".
These forward-looking statements represent the beliefs of the speaker/author and do
not necessarily represent the views of Franklin Templeton Investments Corp.
General business, market, economic and political conditions could cause actual
results to differ materially from what the speaker/author presently anticipates or projects.
Internet email. We discourage you from using e-mail for sending
confidential or sensitive information. If you send e-mail (encrypted or not)
to us over the Internet, you are accepting the associated risks of lack of confidentiality.
Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO
STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE FRANKLIN
TEMPLETON PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”),
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE,
INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS,
SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION,
DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS;
FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE,
CABLE AND INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD);
FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT,
EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO,
ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FRANKLIN TEMPLETON PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.
FURTHER, THE FRANKLIN TEMPLETON PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY,
BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL,
PROVINCIAL AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF:
(I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FRANKLIN TEMPLETON PARTY OR (II)
WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT
EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
As a condition of your use of the Site, you agree to make the Franklin
Templeton Parties and their third party providers whole for any and all claims,
losses, liabilities and expenses (including but not limited to attorneys’ fees)
arising from any use of the Site or your violation of these Terms of Use.
Governing Law, Forum, Severability, and Miscellaneous
Failure by Franklin Templeton to enforce any provision(s) of these Terms of Use
shall not be construed as a waiver of any provision or right. This Site
is controlled and operated by Franklin Templeton from its offices within
Ontario in Canada. This Agreement will be governed and interpreted under the
laws of the province of Ontario and the laws of Canada applicable therein and
you consent and submit to the personal jurisdiction of those courts for the purposes
of litigating any such action.
If any provision of these Terms of Use is deemed unlawful,
void, or for any reason unenforceable, the remaining provisions
shall be enforced to the fullest extent possible, and the remaining
provisions shall remain in full force and effect.
You shall comply with all laws, rules and regulations by any governmental
authority or agency which govern or apply to the operation and use of the Site.
Without limiting the foregoing, you agree to comply with such restrictions and not
to export or re-export any of the Site to countries or persons prohibited under the
export control laws of Canada. These Terms of Use inures to the benefit of Franklin
Templeton, its successors and assigns. You may not assign the Terms of Use.
No waiver shall be effective unless in writing. All rights not expressly
granted herein are reserved by Franklin Templeton.
Termination
You acknowledge and agree that Franklin Templeton may restrict, suspend or
terminate the Terms of Use or your access to, and use, of the all or
any part of Site, including any links to third-party sites, at any time,
with or without cause, including but not limited to any breach of the Terms
of Use, in Franklin Templeton’s absolute discretion and without prior notice or
liability. The relevant version of the Terms of Use shall continue to apply to all
prior use of the Site. The following paragraphs of this Terms of Use shall survive
termination of your use or access to the Site: paragraphs concerning Indemnification,
Disclaimers, Limitations of Liability, Termination and General Provisions, and any other
provision that by its terms survives termination of your use of or access to the Site.
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