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Terms of Use

Last update: March 16, 2018

Terra Fund Management Ltd. (“Terra”) is pleased to provide you with the products, services, content, tools and information on this website (the Terra Site). Your use of the Terra Site is subject to the following Terms of Use (“Terms”).

These Terms are a binding contract between you, the user, and Terra. By using or accessing the Terra Site, you accept and agree to be bound by these Terms. If you do not agree to these terms, please discontinue accessing the Terra Site immediately. Your use of the Terra Site is governed by the version of the Terms in effect on the date the Terra Site is accessed by you. Terra may modify these Terms at any time and without prior notice. These Terms are in addition to any other agreements between you and Terra, including any customer or account agreements, and any other agreements that govern your use of products, services and content available on the Terra Site.

This website is for informational purposes only. This website does not provide investment advice or recommendations, nor is it an offer or solicitation of any kind to buy or sell any investment products. This website is intended to be made available only to persons residing in Canada. Information contained on this website is not intended for investors in any jurisdiction in which distribution or purchase is not authorized.

Past performance is no guarantee of future results. Investment funds are not guaranteed, their values change frequently and past performance may not be repeated. Any rate of return included on the Terra Site is to illustrate the potential rate of return, and is not intended to reflect future values or returns of a Terra investment fund or Terra limited partnership. Investors will pay management fees and fund expenses, may pay commissions and trailing commissions, and may experience a gain or loss.

1. USE OF TERRA SITE

The Terra Site is intended only for your personal, non-commercial use, unless you and Terra have agreed otherwise in writing.

2. CONTENT OF THE TERRA SITE

The content of the Terra Site is published by Terra, an entity that is registered with the Ontario Securities Commission as an Investment Fund Manager.

3. INFORMATION FOR FOREIGN INVESTORS

The Terra Site is intended to be made available only to customers and prospective customers residing in Canada, and the information on the Terra Site is only for such persons. Nothing on the Terra Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

4. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

The Terra Site is not intended to provide tax, legal or investment advice, and nothing on the Terra Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Terra or any third party. Any commentaries and information contained in this communication are provided as a general source of information and should not be considered personal investment advice. 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 read the disclosure regarding the investment(s) provided in the offering memoranda and consult your investment or tax professional regarding your specific investment or tax situation.

5. WARRANTIES

The Terra Site is provided by Terra on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Terra to the fullest extent permitted by law. Terra also makes no warranty that the results obtained from the use of the Terra Site or the quality of any products, services, information, or other material purchased or obtained by you from or through Terra will meet your expectations.

Every effort has been made to ensure that the material contained herein is accurate at the time of publication. However, Terra cannot guarantee its accuracy or completeness and accepts no responsibility for any loss arising from any use of or reliance on the information contained herein. The information published on this Terra Site may include inaccuracies or typographical errors. Use of the Terra Site is at your own risk. There may be delays, omissions, and interruptions in the availability of the Terra Site. Information on the Terra Site is not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard. Please consult with your professional investment and tax advisors with respect to your particular circumstances.

6. COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS

The contents of the Terra Site are protected by applicable copyright and trademark laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Terra Site, including any text, graphics, video, audio, software code, user interface design or logos. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, retransmission, redistribution, reproduction, storage in any medium, unauthorized downloading, copying, or republication of the Terra Site, or any part thereof, for any purpose.

Unless you and Terra have agreed otherwise, links from another web site to the Terra Site must resolve to the top-level homepage of the Terra Site. In order to avoid confusion if you do link from another web site to the Terra Site, your web site, and the link itself, may not suggest that Terra endorses, sponsors or is affiliated with any non-Terra web site, entity, service or product, and may not make use of any Terra trademarks or service marks other than those contained within the text of the link. All trademarks and service marks on the Terra Site belong to Terra or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

7. DATA MINING

The framing, mirroring, scraping or data-mining of the Terra Site or any of its content in any form and by any method is strictly prohibited.

8. EXTERNAL LINKS

The Terra Site may contain links to other sites. A link to another site, or mention of another party or its product or service, on this Terra Site should not be taken as Terra’s endorsement or approval of such other sites, the third parties named therein, nor their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites. Terra does not guarantee the accuracy of information contained in such other sites and when you access such sites, you are doing so at your own risk.

9. TIMELINESS OF CONTENT

All content on the Terra Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

10. PROHIBITED USES

Because all servers have limited capacity and are used by many people, do not use the Terra Site in any manner that could damage or overburden any Terra server, or any network connected to any Terra server. Do not use the Terra Site in any manner that would interfere with any other party's use of the Terra Site.

11. MEANS OF ACCESS

The Terra Site is generally intended to be viewed by a conventional web browser with a screen resolution of 640 by 480 pixels or greater. Although you may use other means to access the Terra Site, be aware that the Terra Site may not appear accurately through other access methods, and you use them only at your own risk. You should not access the Terra Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Terra. Certain parts of the Terra Site may be protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Terra Site, or to any other protected materials or information, through any means not intentionally made available by Terra for your specific use.

12. PASSWORD SECURITY AND NOTIFICATION

If you have a Personal Identification Number (PIN) for access to non-public areas of the Terra Site, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify Terra immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

13. LIMITATION OF LIABILITY

Every effort has been made to ensure that the material contained on the site is accurate at the time of publication. In no event will Terra, or shareholders and their respective affiliates and associates, officers, employees (including Advising Representative), advisory board members, directors, suppliers or agents, be liable for any general, special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages and expenses (including reasonable legal fees), howsoever caused, including but not limited to damages for lost revenue, lost or damaged data, costs or other commercial or economic loss, whether based in contract, tort or any other theory of liability, arising out of your access to, use of, reliance on, inability to use or misuse of this Terra Site or any material on the Terra Site, any use or inability to use any materials, software, content, goods or services located at or made available at any Terra Site linked to or from this Terra Site, or any consequences flowing therefrom, any inaccuracy or omission in information contained on this Terra Site or the failure to keep the information current, any Internet software used in connection with this Terra Site or computer viruses or other destructive programs encountered as a result of using this Terra Site, and any other matter connected with this Terra Site even if Terra has been advised of the possibility of such damages or claim.

14. TERMINATION

Terra may terminate your access to the Terra Site for any reason, without prior notice.

15. MODIFICATIONS

Terra may modify, alter or otherwise update the Terra Site and Terms for any reason, without prior notice and you agree to be bound by such modifications, alterations or updates. If you do not agree to any modifications, alterations or updates, you should terminate your use of the Terra Site. Your continued use of the Terra Site now will constitute a binding acceptance by you of the Terms as they may be modified from time to time.

16. FORWARD LOOKING INFORMATION

Certain information and statements contained in this Terra Site may be forward-looking and may be identified by their use of forward-looking terminology such as "believes," "expects," "may," "should," "would," "will," "intends," "plans," “project,” ”estimates," "anticipates," and similar words. Such forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from such forward-looking statements and include, but are not limited to, factors discussed from time to time in reports filed by Terra or on behalf of any Terra Fund with securities regulators in Canada. The forward-looking statements contained in this site are made as of the most recent update of this Terra Site and neither Terra nor any of its funds or affiliates assume any obligation to update publicly or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.

17. GOVERNING LAW

These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Terra Site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Terra Site, this agreement or any related matters.

18. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. NO CONSENT OR WAIVER

No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

Business Continuity Plan

Terra Fund Management Ltd. has developed a Business Continuity Plan on how we will respond to disasters and disruptions that significantly disrupt our business.

After a significant business disruption you should be able to contact us as at 1-8880-449-4645 or 416-203-2477 or by email at info@terrafunds.ca, with any issues or concerns. In the event that you cannot contact us in the usual manner, please refer to our web site at www.terrafunds.ca

Our Business Continuity Plan is aimed at allowing us to recover quickly and resume business operations after a significant business disruption. Our plan addresses how we safeguard our employees and property, make financial and operational assessments, set up an alternate physical location and communicate with clients, employees, suppliers and regulatory authorities. Our Business Continuity Plan is designed to permit our firm to resume operations as quickly as possible, subject to the scope and severity of the significant business disruption. 

If you have questions about our Business Continuity Plan, you can contact our Chief Compliance Officer at jjacobi@terrafunds.ca or our Director for Client and Advisor Relations at cshier@terrafunds.ca.

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