Terms and Conditions
1. Acceptance of Terms
Dynamis Capital Partners GP Co. (referred to below as “Dynamis Capital Partners”, “we”, “us” and “our”) provides the website www.dynamiscapitalpartners.ca (the “Website) for information purposes. The use of our Website by all users (referred to below as “you” and “your”) is subject to and conditional upon these Website Terms and Conditions (the “Terms”). By accessing and using our Website, you accept and agree to these Terms. If you do not agree to these Terms, you are not authorized to access or use the Website.
2. Intellectual Property
The Dynamis Capital Partners name, logo and design and other related symbols are trade-marks and trade names owned or used under licence by Dynamis Capital Partners. You acknowledge and agree that any and all intellectual property rights belong exclusively to Dynamis Capital Partners and/or its affiliates.
Our Website and its entire content, including, but not limited to all text, software, images, audio and video files, designs and other materials or elements (collectively, “Content”) is protected by copyright and/or other intellectual property laws and is owned by Dynamis Capital Partners or its licensors. You may not copy, reproduce, transmit, modify, prepare derivative works based upon, distribute, publish, license, sell or transfer any Content from our Website, in whole or in part, unless expressly authorized by Dynamis Capital Partners in writing.
You do not have any right or license to our Website other than the limited personal right to use the Website in accordance with and subject to these Terms.
3. Disclaimer
The materials provided on our Website are for information purposes only.
Dynamis Capital Partners does not make any representation or warranties regarding the correctness, accuracy, completeness, suitability, sufficiency or reliability of the Website and its Content, and we do not assume responsibility for any errors, omissions or inaccuracies in the Website and its Content. You acknowledge that any information obtained or acquired through the use of the Website is used at your sole risk and discretion, and we will not be liable or responsible to you in any way.
Downloading any Content from our Website is done at your own risk. Dynamis Capital Partners does not guarantee or warrant that the Website and any associated Content will be free from viruses, worms, trojan horses, disabling devices or other malicious code that may have contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computing and mobile devices.
IF YOU CHOOSE TO USE OUR WEBSITE, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, QUIET ENJOYMENT, SYSTEMS INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH DYNAMIS CAPITAL PARTNERS EXPRESSLY DISCLAIMS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF OUR WEBSITE WILL BE BORNE SOLELY BY YOU.
Access to and use of our Website may be subject to limitations, delays and other problems inherent to the use of the internet and electronic communications. Dynamis Capital Partners does not warrant or guarantee the continuous and uninterrupted availability and accessibility of the Website, or that the Website will operate error-free and without loss of data. We are not responsible and will have no liability to you for any delays, or other damage resulting from such problems, or from the unavailability of the Website for any reason. We do not make any representation or warranty that the Website will be compatible with any other software, applications, systems or services.
If you are dissatisfied with our Website, your sole and exclusive remedy is to discontinue using the Website.
4. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL DYNAMIS CAPITAL PARTNERS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA (EVEN IF DYNAMIS CAPITAL PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF, OR RELIANCE UPON THE WEBSITE, ANY INABILITY TO USE OR ACCESS THE WEBSITE, OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LAW.
5. Links to Third Party Websites
Our Website may contain links or references to other websites that are not operated by Dynamis Capital Partners and are not under our control (“Third Party Websites”). Any links to Third Party Websites that we do not operate or control are provided as a convenience only, and the inclusion of these links does not imply endorsement by Dynamis Capital Partners of the Third Party Website or any association with its operation. We are not responsible for the content, accuracy or opinions expressed in any Third Party Website, and Dynamis Capital Partners does not monitor or check Third Party Websites for completeness or accuracy. Dynamis Capital Partners will not be liable for any loss or damage of any kind incurred as a result of or in connection with your use of, or reliance on, any Third Party Website. All risks associated with the use of, or reliance on, the content of any Third Party Websites will be borne by you.
6. Our Website and Cookies
In general, you can view our Website without giving us any personal information. We may use “cookies”, web beacons/pixel tags, log files and other technologies to collect certain information about visitors to our Website. When you visit our Website, we may collect information about your visit including your IP address, your geographic region (as determined from IP address), clickstream through our Website, the date and time or your visit, information about your device and network such as the browser you use and its configuration, your connection speed, the pages you view or search for, what links you click, what you download, our page response times, any download or other errors, and the length of your visit. We may use this information to improve the functionality and content of our Website, to improve our products and services, and for analytical purposes to understand how visitors interact with our Website.
7. Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify these Terms at any time. Any modifications will become effective immediately upon being posted to our Website. Your continued access to or use of the Website after such changes indicates your acceptance of the modified Terms. It is your responsibility to review these Terms on a regular basis to remain up-to-date with any changes.
8. Governing Law
These Terms will be governed in all respects by the laws of the Province of Ontario applicable federal laws of Canada, without giving effect to any choice of law or conflict of law provision. Any legal action that you may bring in connection with any matters related to our Website must be brought in the court of the Province of Ontario.
9. General
These Terms constitute the entire agreement between you and Dynamis Capital Partners regarding your use of our Website.
Our failure to insist upon or enforce the strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is determined to be unlawful, void or unenforceable, then that part will be severed from these Terms and will not affect the validity or enforceability of the remaining provisions.
Disclaimer
PROSPECTUS EXEMPT. The Interests (the “LP Units”) will be offered and sold in Canada on a private placement basis pursuant to investors exemptions from prospectus requirements of applicable Canadian securities laws. In particular, LP Units will be offered and sold only to Accredited Investors (as defined in NI45-106). The LP Units are offered subject to prior sale, and subject to the right of the general partner of the Limited Partnership (the “GP”) to reject any subscription in whole or in part.
NO REGULATORY REVIEW. The LP Units in various Dynamis Capital Partners Limited Partnerships (the “Limited Partnership”) being offered or referenced by this presentation and material have not been approved or disapproved by any securities regulatory authority in Canada or by any securities regulatory authority of any other jurisdiction, nor has any such authority passed upon the accuracy or adequacy of the presentation or material. The presentation and associated material are not, and under no circumstances is it to be construed as, a prospectus or advertisement or a public offering of the interests.
VALID JURISDICTION. In certain jurisdictions, the sale of the LP Units may be restricted by law. The presentation and material constitute an offering of securities only in those jurisdictions and to those persons where and to whom they may be lawfully offered for sale, and therein only by persons permitted to sell such securities. ILLIQUID. There is no public market for the LP Units and no such market is expected to develop in the future. The LP Units may not be sold or transferred except as permitted under the limited partnership agreement (the “LP Agreement”) of the Limited Partnership, copies of which will be provided to prospective investors prior to closing, and as permitted under applicable Canadian securities laws.
RISK TOLERANCE. Investment in the LP Units is suitable only for qualified individual and institutional investors and requires the financial ability and willingness to accept the high risks and illiquidity inherent in an investment in the Limited Partnership. Investors in the Limited Partnership must be prepared to bear such risks for an extended period of time. No assurance can be given that the Limited Partnership’s investment objectives will be achieved or that investors will receive a return of their invested capital.
CAVEAT EMPTOR. In making an investment decision, investors must rely on their own examination of the Limited Partnership, the LP Agreement and the terms of the offering of LP Units, including the merits and risks involved. Prospective investors should not construe the contents of the presentation or material as legal, tax, regulatory, financial, investment or accounting advice, and each prospective investor is urged to consult with its own advisors with respect to the legal, tax, regulatory, financial and accounting consequences of its investment in the Limited Partnership.
FORWARD LOOKING INFORMATION. The forward looking information in this presentation is made as of the date of this presentation. Forward-looking information involves a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Dynamis Capital Partners expressly disclaim any and all liability for any errors or omissions in the document or any other written or oral communication transmitted or made available. If any additional information is provided at any time, orally or otherwise, such information is provided as a convenience only without representation or warranty as to its accuracy or completeness and such information should not be relied upon prospective investors without independent investigation and verification.