This website (this "Site") is provided by OpenSky Capital ("OpenSky Capital"), for use by residents of Canada only that are major (under the laws of their residence) and conditional on your acceptance of the terms and conditions set forth below (the "Terms and Conditions"). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each entity on whose behalf you act to accept and abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use this Site or download or use materials from it.

OpenSky Capital reserves the right, at any time, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part. Such changes will be effective immediately upon notice thereof posted at this Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of the Terms and Conditions as changed.

OpenSky Capital may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. OpenSky Capital may similarly add, remove, modify or otherwise change any content, including that of third parties, on or from this Site. OpenSky Capital may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

LIMITED LICENSE AND COPYRIGHT: This Site, including all text, design, graphics, drawings, photographs, or images thereon and the selection and arrangement thereof (the "Materials"), is protected by Canadian and worldwide copyright laws and treaty provisions. Subject to these Terms and Conditions, OpenSky Capital grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials solely for your own personal use or for the internal use of the entity on whose behalf you act, provided however:

you may not reproduce, copy, distribute, modify, publicly display, perform or otherwise use for public or commercial purposes the Materials without the express prior written consent of OpenSky Capital;
you must retain, on all copies of the Materials printed or downloaded, all copyright and other proprietary notices contained in the Materials, including but not limited to digital watermarks;
you may not sell, license or otherwise transfer the Materials to any other person without the express prior written consent of OpenSky Capital; and
you may not print or copy any of the HTML or other computer programs that are viewable at this Site.
This authorisation is not a transfer of title in the Materials or to copies of the Materials. Except as expressly provided herein, OpenSky Capital does not grant any express or implied right or license to you under any intellectual property right of OpenSky Capital or any third party including under any patent, trademark, copyright, trade secret, or confidential or proprietary information of OpenSky Capital or such third party.

TRADE-MARKS: The product names, company names and logos of OpenSky Capital used on this Site may be trade-marks, including registered or unregistered trade-marks of OpenSky Capital. Such product names, company names and logos of OpenSky Capital may not be copied, imitated or used, in whole or in part, without the prior written consent of OpenSky Capital. Other product names, company names and logos mentioned or appearing on this Site or in documents available through this Site may be the trade-marks of their respective owners, the use of which may require their prior written consent.

INFORMATION PROVIDED BY YOU: Although OpenSky Capital may provide certain security in an effort to protect the electronic transmission of the information regarding your business ("Business Information") and the information regarding yourself ("Personal Information") that you submit to OpenSky Capital through this Site, OpenSky Capital does not guarantee the security of any information transmitted to or from this Site.

Other than the Business Information and Personal Information required by us for e-mail updates registration, do not send any confidential or proprietary information to OpenSky Capital through this Site. Except for the Business Information or Personal Information requested by OpenSky Capital to provide certain services to you, any information you do send to OpenSky Capital through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to OpenSky Capital a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology. You further agree that OpenSky Capital is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to OpenSky Capital.

SOFTWARE: Any software, including calculator software, as well any files generated by such software or any code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of OpenSky Capital and/or its suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

USER CONDUCT: You may not, you agree not to, and you may not allow others to, directly or indirectly:

use the Site in any manner which could damage, disable, overburden or impair the Site;
interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
disrupt or interfere with any other user's use or enjoyment of this Site or affiliated or linked sites;
upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs;
use any robot, spider or other automatic device, or manual process to monitor, copy, summarize or otherwise extract information from this Site;
use or attempt to use another's account, service or system without authorization from OpenSky Capital, or use a false identity on this Site;
transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or
attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site or from your computer, and that you will comply with all applicable laws that relate to your use or activities on this Site or in respect of the Materials.

LINKS AND THIRD PARTY CONTENT: As convenience to its users, this Site provides hypertext links to other websites and Internet addresses which contain information created, published, maintained or otherwise posted by other entities. OpenSky Capital does not endorse, sponsor, recommend, approve, certify or exercise control over such third parties, the linked third party sources or any content, services or products available on or through such third party sources. You agree that OpenSky Capital shall not have any liability whatsoever to you for any such linked third party sources or any content, services or products available on or through such third party sources. If you use these sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

Links do not imply that OpenSky Capital or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of OpenSky Capital. This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that OpenSky Capital shall not have any liability whatsoever to you for any such third party material, data or information.

PRIVACY POLICY: The OpenSky Capital Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between OpenSky Capital and you with respect to your use of this Site.

DISCLAIMER OF WARRANTIES: You understand that some information accessed through this Site has not been prepared by OpenSky Capital. While every effort is made to keep this Site current and accurate, the Materials and information accessible through this Site may contain inaccuracies and typographical errors. OpenSky Capital its suppliers and the issuers of products or services featured on this Site (the "Issuers") make no representations or warranties about the accuracy, adequacy, usefulness, timeliness or completeness of the Materials or information accessible through this Site, or the reliability of any statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. OpenSky Capital reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. This Site, the Materials, services and information through this Site are provided "as is" without any representation, warranty or condition of any kind, express or implied, written or oral, including without limitation the implied warranties or conditions of title, non-infringement, merchantability and fitness for a particular purpose, and those arising by statute or otherwise by law or from a course of dealing, course of performance or use of trade. OpenSky Capital does not warrant that this Site will operate without interruptions or that it will be error-free, that defects will be corrected or that the Site or that the server(s) which makes the Site available are free of viruses or other harmful components.

LIMITATION OF LIABILITY: In no event shall OpenSky Capital, suppliers or the Issuers be liable to you or any third party for any direct, indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation any loss of profit or revenue, failure to realize expected savings, loss of information, programs or data, loss of goodwill or interruption of activities, whether related to your use or inability to use the Site or the Materials, or any information, Software and services obtained through this Site or related to these Terms and Conditions, even if OpenSky Capital, its suppliers or the Issuers had been advised of the possibility of such damages. In no event shall the aggregate liability of OpenSky Capital, suppliers or the Issuers exceed one hundred dollars ($100), regardless of the cause of action. The limitations and disclaimers above apply regardless of the form of action.

INDEMNITY: You agree to indemnify, defend and hold harmless OpenSky Capital, its affiliates, suppliers or the Issuers, their successors and assigns and their shareholders [or partners], directors, officers, employees and agents of each of them with respect to any claim, demand, loss, cause of action, debt or liability, including reasonable legal and consultant's fees resulting from any actions and communications undertaken or transmitted in the course of your usage of this Site or the Materials or your breach of these Terms and Conditions.

CHOICE OF LAW: These Terms and Conditions shall be deemed to have been made and performed exclusively in Quebec and shall be governed by and construed under the laws of Quebec and the laws of Canada applicable therein, without giving effect to any conflicts of law rules. You agree and consent to submit to the exclusive jurisdiction of the courts of the District of Montreal, Province of Quebec for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against OpenSky Capital (or any officer, director or employee thereof) in any other jurisdiction.

GENERAL: OpenSky Capital's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.