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CONDITIONS OF USE AND CONSENT TO USE PERSONAL INFORMATION

 
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.

 
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.
 
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.

 
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.

 
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
 
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.

 
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
 
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.

 
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.
 
Copyright Notice
Unless otherwise indicated, Mackenzie web pages are ©, 2002, Mackenzie Financial Corporation. MRS web pages are ©, 2002, MRS Group of Companies. Quadrus web pages are © 2002 Quadrus Investment Services Ltd. All rights reserved. Unless otherwise indicated, all trademarks found in AdvisorAccess are trademarks of Mackenzie.
 
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.