Avalon

Terms and Conditions

Effective date: February 12, 2025

Terms of Service

Avalon Multi-Asset Strategy Fund

Updated: 23 February 2025
Version: 0.9

Changes to the Terms of Service

Avalon Multi-Asset Strategy Fund (hereinafter referred to as the "Provider") reserves the right to unilaterally amend this Agreement pertaining to the Services from time to time, except where otherwise provided herein. The latest revision date of the Agreement is indicated at the top of the page. The Customer has the responsibility of regularly reviewing any updates to this Agreement dispatched by the Provider and to ensure the Provider has the Customer's up-to-date contact information. By continuing to utilise the Provider's Services, the Customer signifies agreement to adhere to all the terms contained within the revised Agreement.

Provision of Services

The Provider commits to offering financial advice and related services (the "Services") to the Customer for the duration of the Agreement.

To dispel any ambiguity, it is clarified that the Provider's failure to deliver the Services due to any of the ensuing circumstances shall not constitute a breach of this Agreement:

  • A Force Majeure Event, defined as an event or a series of interconnected events beyond the reasonable control of the impacted party.
  • Any malfunction or failure of the internet or any public telecommunications network.
  • Any malfunction or failure of the Customer's computer systems or networks.
  • Any violation by the Customer of this Agreement.

Customer Data

Definition. "Customer Data" encompasses all data, works, and materials furnished by the Customer to the Provider. The Customer, through this Agreement, grants to the Provider a non-exclusive license to store the Customer Data to the degree reasonably required to fulfil the Provider's obligations and exercise the Provider's rights under this Agreement.

Privacy Policy. By using the website, the user agrees to the website's Privacy Policy, which explains how the website collects, uses, and shares the user's personal information. The website's Privacy Policy is incorporated into these Terms of Service by reference, and governs the website's use of the user's information in connection with the service. The Customer should review the website's Privacy Policy carefully before using the service.

Third-Party Financial Tools and Services

The Provider is not responsible for any issues, errors, or malfunctions resulting from the use of third-party financial tools, platforms, or services, nor does it guarantee compatibility with its own Services. The Provider is not liable for any damages or losses resulting from the use of such third-party tools or services. It is the Customer's responsibility to ensure compatibility and reliability when using third-party financial tools or services in conjunction with the Provider's Services.

Intellectual Property

Definition. "Intellectual Property" in this Agreement refers to all original works of authorship, discoveries, designs, processes, developments, concepts, formulae, business methods, improvements, trade secrets, works, reports, data, algorithms, logic, infrastructure, compilations of information, software, copyrights, trademarks, know-how, proprietary information, designs, processes, inventions, ideas, written presentations, memoranda, research, databases, drawings, sketches, layouts, commercial material, working papers, documents, copies, transcriptions, and other materials in all forms, including any renewals, improvements, upgrades, modifications, enhancements or variations thereof, regardless of whether or not they are patentable, copyrightable, or otherwise subject to protection under intellectual property laws that are discovered, made, or assisted in discovery or creation, however fixed, stored, expressed or embodied, and developed, generated, authored, or produced while performing work for the Company or any affiliate, inclusive of any applications that may be filed or issued in any and all countries based thereon.

No Transfer. No part of this Agreement shall be construed to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or vice versa.

Data Collection and Analysis

Right of Provider. Provider has the right to collect and analyze data related to the Services, including Customer Data, for the purpose of improving financial models, advice, and related systems, subject to obtaining valid consents from the Customer. This includes, but is not limited to, data derived from Customer interactions with the Services. The Provider may use machine learning models and other analytical tools to enhance the quality of the Services.

Confidentiality

Definition. The term "Customer Confidential Information" as used in these Terms refers to any information, regardless of its format or method of communication, that is provided by the Customer to the Provider. This information must either be explicitly identified as "confidential" or should reasonably be considered by the Provider to be of a confidential nature. Additionally, all Customer Data is considered to be part of the Customer Confidential Information.

Provider's Obligations

  • Obligations. The Provider has agreed to uphold certain obligations with regards to the Customer Confidential Information. This includes maintaining the strict confidentiality of the information and refraining from disclosing it to any third party without prior written consent from the Customer. The Provider is also required to exercise a reasonable degree of care in safeguarding the confidentiality of the Customer Confidential Information. This level of care should be at least as protective as the Provider's own information of a similar nature, and should be applied on a best-effort basis.
  • Exceptions. Notwithstanding the above, this confidentiality obligation does not extend to any information that at the time of receipt is publicly available, already in the possession of the receiving party, or is not considered as confidential by the party disclosing it.
  • Survival. The obligations under this section shall survive indefinitely beyond the termination of this Agreement.

Third Party Information

The Customer hereby acknowledges and accepts that the Services may provide access to third-party financial information, tools, or services. Such access is undertaken solely at the Customer's own discretion and risk. The Provider does not guarantee the accuracy or reliability of third-party information and is not liable for any damages or losses resulting from its use.

Information about the Fund

The Avalon Multi-Asset Strategy Fund is offered through registered investment professionals in each relevant Canadian jurisdiction. Commissions, trailing commissions, management fees, and expenses all may be associated with investments in the fund.

The indicated rates of return are the 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 unit holder that would have reduced returns. The fund is not guaranteed, its value changes frequently, and past performance may not be repeated. There can be no assurances that the fund will be able to maintain its net asset value per unit at a constant amount or that the full amount of your investment will be returned to you. Even though all investments carry some level of risk, we believe risk can be managed through multiple levels of diversification. As with any type of portfolio structuring, attempting to reduce risk and/or increase return could, at certain times, unintentionally reduce returns.

Please read the relevant prospectus or offering document before investing. Copies of the fund's prospectus or offering document are available from your investment advisor or Avalon Multi-Asset Strategy Fund. Additional information about the fund is available in the Annual Information Form, management reports of fund performance, and financial statements of the fund. These documents are incorporated by reference into the fund's prospectus, which means that they are legally part of the prospectus, just as if they were printed as part of it. You can obtain a copy of these documents at your request and at no cost by contacting Avalon Multi-Asset Strategy Fund.

Non-Canadian investors

This website is solely for investors resident in Canada. If you do not reside in Canada you may find more information about products and services available within your jurisdictions by going to Avalon Multi-Asset Strategy Fund's worldwide site, [URL].

No offer & suitability

Unless otherwise expressly stated, the materials and information posted here are presented for informational purposes only, and are not an offer or solicitation for the purchase of or sale of any securities or to provide any investment service or investment advice.

Securities mentioned herein may not be suitable for all investors. Any reliance you may place on the accuracy of this information or the validity of our opinion is at your own risk.

Professional advice

This website is not intended to provide tax, legal, insurance or investment advice and nothing on this website should be construed as such. Nothing contained in this website is an opinion regarding the appropriateness of any investment, nor a solicitation of any type, nor specific advice applicable to your needs. Certain services or tools available on the Avalon Multi-Asset Strategy Fund website may be deemed to provide general investment advice within the meaning of relevant securities laws based upon your personalized input. 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.

Warranties and Limitations

Provider's Limitations of Liability

The Provider will not be liable to the Customer or to any party associated with the Customer for any errors of judgement or for any acts done or omitted to be done in good faith, within the scope of powers expressly or impliedly conferred under this Agreement.

The Provider will not be responsible for any claims by any third party against the Customer or for any lost profits.

Customer's Warranties and Representations

Customer Obligations and Warranties. The Customer hereby acknowledges, agrees, represents, and warrants to the Provider that they will abide by all the obligations as stated hereunder:

  • Rights Respect. The Customer will not infringe on the Provider's or any third party's rights. This includes, but is not limited to, intellectual property rights, property rights, and privacy rights. They shall ensure respect for all such rights while using the Provider's services, and any infringement thereof may result in termination of services and potential legal action.
  • Lawful Usage. The Customer agrees that they will not use the Provider's services to commit any acts that are illegal or unlawful in their jurisdiction or any jurisdiction where the Provider's services are used. The use of the Provider's services must be compliant with all relevant laws, rules, and regulations.
  • No Harassment. The Customer pledges not to engage in any behaviour that could be perceived as "stalking" or otherwise harassing any individual. This includes, but is not limited to, repeated unwanted contact, threatening behaviour, or any form of intimidation.
  • Authentic Representation. The Customer assures that they will not misrepresent their identity or affiliations. Any provided information, including personal and business information, shall be truthful, accurate, and complete.
  • No Malicious Code. The Customer guarantees not to introduce any Malicious Code into the Provider's systems or services. Such code could disrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. This includes, but is not limited to, viruses, worms, trojan horses, ransomware, spyware, adware, scareware, and other malicious programs or data.
  • No Harmful Activity. The Customer commits not to engage in any activity that could reasonably be expected to cause injury, loss, or damage to the Provider or any third party. This includes, but is not limited to, any disruptive or harmful actions or behaviours, and the introduction of harmful or hazardous materials or substances.
  • No Improper Incentives. The Customer confirms that they have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of the Provider's employees or agents in connection with the Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate this restriction.
  • Notification of Breaches. The Customer agrees to promptly inform the Provider of any illegal, suspicious, or fraudulent activity; any security or data breaches; any violation of these Terms; any misrepresentations, errors, or inaccuracies that they discover; or, any illegal or improper bribe, kickback, payment, gift, or thing of value from any of the Provider's employees or agents in connection with this Agreement.
  • Acceptance of Responsibility. The Customer understands and accepts the responsibility for their own actions and omissions while using the Provider's services. They are cognizant of the consequences that may result from a breach of these terms, including potential termination of service and legal action.

Term and Termination

This Agreement shall commence on the date the Customer accepts it and will continue in force until terminated in accordance with the provisions herein.

Limitation of Liability

Exclusions. In no event shall the Provider be liable to the Customer for any incidental, exemplary, consequential, indirect, punitive, or special damages (including but not limited to damages for loss of business, loss of profits, loss of use, or emotional distress), arising out of or in connection with the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, regardless of whether the Provider was advised of the possibility of such damage. The above limitation may not apply if such exclusion or limitation of liability is not permitted by law.

Limitations. The Provider's total liability to the Customer for any single incident shall not exceed the amount of payments received by the Provider from the Customer in the 12 months preceding the incident. Furthermore, the Provider's aggregate liability to the Customer shall not exceed the total amount of payments received from the Customer. In the event of a breach by the Provider of any of its warranties to the Customer herein, the Customer's sole and exclusive remedies are termination of this Agreement.

Residents of California. If the Customer is a resident of the State of California, in the United States, the Customer hereby waives California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The provisions of this Section are fundamental elements of the basis of the bargain between the Customer and Avalon Multi-Asset Strategy Fund.

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF $100,000 OR THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

Indemnification of the Provider

Indemnification. The Client hereby agrees to indemnify, protect, and hold harmless the Provider, along with its past, current, and future employees, officers, directors, contractors, consultants, equity holders, Providers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively referred to as the "Provider's Parties") from any and all claims, demands, lawsuits or proceedings brought against the Provider's Parties by a third-party. Such legal actions may allege that the Client's data, the usage and disclosure of any data generated from the Provider's services (including any leads or lead data), or the Client's use of the Provider's services infringe or misappropriate a third-party's rights, breach the Client's contractual or legal obligations, or violate any applicable law, rules, or regulations. This commitment to indemnification applies except where such indemnification is expressly prohibited by law and is hereinafter referred to as a "Claim Against Us".

Liability Cover. The Client further pledges to indemnify, defend and hold the Provider's Parties harmless from any form of damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance). This commitment encompasses every kind and nature of such costs, whether they are known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, whether arising in law or equity, provided they are related to a Claim Against Us.

Indemnification Procedure. The Client's indemnification obligations are conditional on the following: (a) The Provider must provide the Client with timely written notice of the claim against the Provider; (b) The Provider must allow the Client to maintain sole control over the defence and settlement of the claim against the Provider, provided however that the Client may not settle any claim against the Provider unless the settlement categorically releases the Provider from all liability; and (c) The Provider must offer all reasonable assistance to the Client in defending the claim, with any costs for such assistance to be borne by the Client.

Disclaimer

PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THIS DOCUMENT, THE SERVICE AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS" AND THE PROVIDER MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Entire Agreement and Order of Precedence

Entire Agreement. This Agreement, along with the Privacy Policy, constitutes the entire agreement between the Provider and the Client pertaining to the Client's use of the Services. It supersedes and replaces all prior and contemporaneous agreements, proposals or representations, either written or oral, that relate to its subject matter.

Amendment and Waiver. No changes, amendments, or waivers of any provision of this Agreement shall be deemed effective unless manifested in written form and signed by the party against whom the changes, amendments, or waivers are to be enforced. This condition ensures that all adjustments to this Agreement are documented and formally acknowledged, preserving the integrity and understanding of the Agreement for both parties.

Ordering Documentation. The parties concur that any term or condition stated in any purchase order or in any other ordering documentation that the Client may provide is void and of no effect. This is to ensure that any terms or conditions that the Client might set forth in a purchase order or similar document do not contradict the terms and conditions set forth in this Agreement.

Miscellaneous

Relationship of the Parties. The Parties herein operate as independent contractors. This Agreement does not designate any party as the legal agent, partner, employee, or legal representative of the other for any purpose. No Party grants the other the authority to assume or create any obligation or responsibility, express or implied, on behalf of or in its name, unless otherwise agreed to in writing.

General Disclaimers. The Client acknowledges that the Provider's sole responsibility is to provide services as delineated in this Agreement.

Reasonableness of Undertakings. Each Party acknowledges that the commitments assumed by it are reasonable concerning their subject matter, scope, and duration, and do not, in any manner, inhibit its business operations.

Governing Law. This Agreement is governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. For any permissible lawsuit under this Agreement, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the Courts of Alberta.

Assignability. This Agreement cannot be assigned by the Customer without the prior written consent of the Provider. The Provider may assign its rights and obligations under this Agreement at its sole discretion. This Agreement is binding on and benefits the Parties and their respective successors and assigns.

Headings. The headings used in this Agreement merely assist in classifying and identifying the provisions and do not influence the interpretation or construction of a provision.

Severability. If any provision of this Agreement, or portion thereof, is found to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible to reflect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.

Compliance. Any provision of this Agreement contravening any applicable law will be interpreted or construed to comply with the applicable law.

Amendments. This Agreement may be amended from time to time by mutual agreement between the Parties, with said amendment only effective upon being written and signed by the Parties.

No Waiver. A Party's failure to exercise a right or remedy granted to it under this Agreement shall not constitute a waiver of its rights or remedies.

Cumulative Rights. All rights referred to in this Agreement are cumulative, and any waiver of the enforcement of a right granted by one Party for the benefit of another shall not waive the enforcement of any other right unless expressed in writing.

Neutrality of Terms. Where appropriate, the singular number set forth in this Agreement shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine, or neuter, as the context dictates.

Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which when executed and delivered shall be an original. The exchange of copies of this Agreement and of signature pages by facsimile or by electronic image scan transmission shall constitute effective execution and delivery of this Agreement.

Successors. This Agreement binds the Parties as well as their respective successors, heirs, and assigns, unless otherwise stipulated.

No Duress. The Parties represent and acknowledge that the terms and conditions of this Agreement have been freely discussed amongst them and not imposed by any Party.

Survivability. Termination of this Agreement shall not affect the rights or obligations of the Parties with respect to Confidentiality, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

Time of Essence. Time is of the essence in this Agreement.