Foremost’s Answer
Foremost’s Disclaimer
Registrations
Foremost Financial Corporation (“Foremost”) is registered with the Ontario Securities Commission as an Exempt Market Dealer.
Investor Warning
Neither this website (“Site”) nor an offering memorandum or other materials obtained through the Site constitutes an offer or solicitation by any person in any jurisdiction in which such offer or solicitation is not authorized or to any person to whom it is unlawful to make such offer or solicitation and may not be relied upon for investment purposes. This Site is not intended to provide specific investment, financial, legal, accounting and/or tax advice. Please consult with your own professional advisor with respect to your particular circumstances.
Prospective investors should rely solely on the Trust’s confidential offering memorandum (the “Offering Memorandum”) in making a decision to invest. No representations or warranties of any kind are intended or should be inferred with respect to the economic return or the tax consequences from an investment in the Foremost Mortgage Trust (the “Trust”). The Trust has certain eligibility requirements. There are significant risks associated with an investment in the Trust which are detailed in the Offering Memorandum. An investment in the Trust may not be suitable for all investors. The Trust is intended for sophisticated investors who can accept the risks associated with such an investment including a complete loss of their investment. There can be no assurance that the Trust will achieve its investment objectives and past performance is no guarantee of future returns. Commissions, trailing commissions, management fees and expenses may all be associated with an investment in the Trust.
Trust Performance
Please note the following regarding the performance of the Foremost Mortgage Trust (the “Trust”):
The Trust’s historical returns are net of management fees of 0.75% p.a. from inception in January 2006 to June 2013, and are provided for illustrative purposes only. Beginning July 1, 2013, the management fees were increased to 1.00% p.a. The Trust’s returns are not guaranteed, the returns may change frequently, and past performance may not be repeated.
The Trust is only available to Accredited Investors in Ontario, as the term is defined by Canadian securities laws. Any information on the Trust on this Site does not constitute an offer to sell, or a solicitation of an offer to buy units of the Trust. The Trust’s Offering Memorandum and Subscription Agreement contain important information about investing in the Trust. Please read the Offering Memorandum carefully before investing.
Investment losses may occur and investors could lose some or all of their investment. PAST PERFORMANCE HAS NO PREDICTIVE VALUE, AND IS NO INDICATOR OF FUTURE PERFORMANCE.
Indemnity
You agree to indemnify and hold harmless Foremost and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this Site.
Disclaimer of Liability
This Site is provided 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, performance, durability, availability, timeliness, all of which are hereby disclaimed by Foremost to the fullest extent permitted by law. Foremost will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, this Site, any of its content or links (including without limitation any viruses), or any Web browser or other equipment. Please note that nothing in the above disclaimer derogates from Foremost’s obligations as a registered exempt market dealer in the Province of Ontario and any other jurisdictions it may be registered from time to time.
Copyright
The contents of this Site are protected by applicable copyright laws. Unauthorized use or exploitation of such content is strictly prohibited, including without limitation unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.
Linking to Site
Links to this Site without the express written permission of Foremost are strictly prohibited. To request permission, please contact Pauline Cygelfarb at Foremost at Pauline@foremost-financial.com or 416-488-5300 ext. 400. The framing, mirroring, scraping or data-mining of this Site or any of its content in any form and by any method is strictly prohibited.
Third-Party References and Links
References in this Site to third parties’ goods or services are not endorsements or approval of such goods or services. Links to other sites are not endorsements or approvals of such sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive / disruptive components on or from such sites.
General
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 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 and signed by both parties. These terms and conditions and this Site 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. 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 this Site, agreement or any related matters.
If any provision of these terms and conditions 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 conditions and shall not affect the validity and enforceability of any remaining provisions.
Internet E-mail
E-mail over the Internet is not a secure medium and privacy cannot be assured. Foremost will not be responsible for any loss, harm or damage you may suffer, experience or incur by sending personal or confidential information to Foremost over the Internet by e-mail, or if we send such information at your request. Please refer to Foremost’s Privacy Policy for more information.