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CONDITIONS OF USE AND CONSENT TO USE PERSONAL INFORMATION |
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Terms of Access |
This account inquiry service ("AdvisorAccess")
is a service provided to you by Mackenzie and includes AccessQuadrus, a service
provided to certain authorized users on behalf of Quadrus Investment Services
Ltd. ("Quadrus"). Access to and use of AdvisorAccess constitutes
your acceptance of and compliance with the Conditions of Use set out herein.
Please take the time to review these conditions. If you do not accept them,
please discontinue the use of AdvisorAccess. Mackenzie may change the Conditions
of Use at any time without notice by updating this posting. You agree to review
the Conditions of Use each time you logon and your continued access or use
of AdvisorAccess will mean that you agree to any changes. Mackenzie may cancel
any or all of the services provided by, or your access to, AdvisorAccess,
at any time without notice to you. Mackenzie will have no liability for any
loss, damage or inconvenience that may result from cancellation.
"Mackenzie" or "Mackenzie Group of Companies" includes
Mackenzie Financial Corporation, Mackenzie Financial Services Inc. and the
MRS Group of Companies. "MRS" or "MRS Group of Companies"
means M.R.S. Trust Company, Multiple Retirement Services Inc., M.R.S. Securities
Services Inc., M.R.S. Correspondent Corporation and any affiliate or successor
company of each of them. Mackenzie and MRS are affiliated with Investors Group
Inc. and Quadrus. |
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User Information |
| References to "you" and "your" in this
conditions of use are directed to the reader as an authorized user of AdvisorAccess
or AccessQuadrus. You represent and warrant that all the information and identification
provided to Mackenzie is true, accurate and complete. |
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Confidentiality |
AdvisorAccess is designed to be a secure service and
communications within AdvisorAccess are encrypted. You agree to keep strictly
confidential: (a) User IDs, passwords or any other information provided to
you by Mackenzie for the purpose of establishing your identity; and (b) all
other information received by you with the exception of (i) information which
has been disclosed to the general public; (ii) information which is required
to be disclosed by law, or (iii) information authorized to be disclosed by
the person to whom the information pertains. |
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Security |
You are solely responsible for maintaining the security
of your User ID and password and ensuring that you are the only person/company
using the User ID and password. You agree not to disclose your User ID and
password to any other person other than employees of Mackenzie who support
the AdvisorAccess service. Mackenzie and its affiliates are not responsible
for the unauthorized use of AdvisorAccess by any other person with your User
ID or password and Mackenzie and its affiliates are under no obligation to
confirm the actual identity or authority of anyone using your User ID or password.
You agree to notify Mackenzie (or Quadrus if you are an AccessQuadrus authorized
user)immediately upon becoming aware of any known or suspected unauthorized
use of your User ID or password to gain access to AdvisorAccess, or any breach
in security involving your User ID or password. |
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Privacy Protection and Consent to Use Personal Information |
Mackenzie is committed to protecting the privacy of
all client personal information that we collect and maintain in the course
of carrying on our business whether over the Internet or in more traditional
ways. Mackenzie has a Privacy Protection Notice to inform you and your clients
of the ways we collect, hold, use and disclose personal information. For more
information regarding Mackenzie's Privacy Protection Notice, please see "Privacy
Policy". When you register to use AdvisorAccess, you provide Mackenzie
with additional personal information and your access to and use of AdvisorAccess
constitutes your consent to such information being collected, held, used and
disclosed by Mackenzie in the ways and for the purpose identified here. When
you register to use AdvisorAccess, you provide Mackenzie with your:
- Password
- Dealer number and Advisor number
- E-mail address
- Personal information which you choose to provide
- Language preference
Mackenzie collects this information, holds it, uses it and, where necessary,
discloses it for the following purposes:
- to verify your identity as an AdvisorAccess user
- to record statistical information on your visit to AdvisorAccess by way
of system logs and through the use of "cookies" which are described
below in order (a) to improve AdvisorAccess and (b) to conduct promotional
and loyalty programs for Mackenzie's products and services or, if you are
an AccessQuadrus authorized user, for Quadrus products and services
- to restore your access to AdvisorAccess in the event that you have forgotten
your User ID or password
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Limitation of Liability |
You assume full responsibility for risk of loss of any
nature whatsoever resulting from your use AdvisorAccess. Mackenzie and its
affiliates, and their respective directors, officers, employees and agents
shall not be liable for any loss, damage or injury related to, or connected
with AdvisorAccess suffered by the user whether direct, indirect, special
or consequential, including without limitation, any claims, whether or not
foreseeable, based in contract (including fundamental breach), tort (including
negligence), strict liability or any other legal or equitable theory. |
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Indemnity by User |
he user shall indemnify and save harmless Mackenzie and
its affiliates, and their respective directors, officers, employees and agents
from all claims, demands, proceedings, losses, damages, liabilities, deficiencies,
costs and expenses (including, without limitation, all legal and other professional
fees and disbursements, interest, penalties and amounts paid in settlement)
arising directly or indirectly as a consequence of such matter, suffered or
incurred by such parties as a result of, arising directly or indirectly out
of, or in connection with:
- the content, use or reliance of any party upon AdvisorAccess
- the unauthorized use or disclosure of any User IDs or passwords for use
in relation to AdvisorAccess
- the unauthorized use or disclosure of any confidential information by
you, your dealer firm and its employees, contractors or agents
- any breach of this agreement by you, your dealer firm and its employees,
contractors or agents
- any inaccuracy of any representation, warranty or covenant made by you,
your dealer firm and its employees, contractors or agents contained in this
document
- the infringement of any intellectual property or other proprietary right
of any third party caused by any information, documentation or other material
provided by you, your dealer firm and its employees, contractors or agents
to Mackenzie in connection with AdvisorAccess
- the operations of your dealer firm and its affiliates
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Disclaimer |
AdvisorAccess is presented on an "as is" basis
only; internet software or transmission problems may produce inaccurate or
incomplete copies of information and materials that may be accessed and displayed
on your computer. Mackenzie and its affiliates do not warrant that AdvisorAccess
will be free from error or interruption. Mackenzie and its affiliates, and
their respective directors, officers, employees and agents are not responsible
for any damage of any nature, whether direct, indirect, special, incidental
or consequential, in reliance on the information available on AdvisorAccess,
including, without limitation, any loss of use, loss of profit, loss of data,
business interruption or any other loss or damage, whatever the form of action,
and whether or not such parties have been negligent.
This service is not intended to provide financial, legal, accounting, tax
or other professional advice and should not be relied upon in that regard.
Mackenzie and its affiliates, and their respective directors, officers,
employees and agents are not responsible for unauthorized use or reproduction
of any information contained in AdvisorAccess.
Links in AdvisorAccess to other sites or references to products, services
or publications other than those of Mackenzie or its affiliates should not
be construed as an endorsement or approval of such sites, products, services
or publications by Mackenzie or its affiliates. |
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Performance Data Disclaimer |
| The user shall use AdvisorAccess only for the purpose of
facilitating its business activities and not for any unlawful or deceptive
purposes. While Mackenzie has used its best efforts to ensure that all readable
and printable pages containing performance data of mutual funds contain the
warning language prescribed by National Instrument 81-102 - Mutual Funds, and
that such pages containing performance data of segregated funds contain the
warning language required by applicable laws, regulations and guidelines, Mackenzie
does not represent or warrant that these warnings are contained in all places
prescribed by National Instrument 81-102 and/or other applicable regulatory
requirements. To the extent that any performance data is obtained by you from
AdvisorAccess and given to an investor or potential investor, it is your sole
and absolute responsibility to ensure that all necessary warnings are included
and that the communication with the investor or potential investor complies
with applicable regulatory requirements. |
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Cookies |
| A cookie is a small file containing certain pieces of information
that AdvisorAccess creates when you use it. There are two common types of cookies,
"session cookies" and "persistent cookies". A "session
cookie" stores information only for the length of time that you are connected
to AdvisorAccess and is not written onto your hard drive. A "persistent
cookie" is written onto your hard drive and remains there until its expiry
date. AdvisorAccess uses session cookies to identify your current session to
the web server, and ensure that at all times during your session we are dealing
with you. AdvisorAccess uses persistent cookies to store information that you
are aware of, for example, if you choose the option on our log-in screen to
remember your User ID, your computer will remember it automatically and input
your User ID each time you access the Site. |
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| Last updated: January 16, 2005 |
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