Terms and Conditions
Last Updated: July 15, 2022
1. Purpose of Website and Acceptance of Terms
The Website may include images, text, works, audio files, sounds, links and other content and data that are owned by third parties (“Third Party Content”). All statements and/or opinions expressed in any such Third Party Content, other than the content provided by Georgian, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Georgian. Georgian is not responsible, and assumes no liability, for any Third Party Content or for any loss or damages that may arise from your use of them.
All content and data made available by Georgian through the Website, including any Third Party Content, (the “Company Content”) is owned solely and exclusively by Georgian and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, resell or make commercial use of the Website or any Company Content; (c) systematically collect from the Website and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the Company Content without including appropriate references and citations to the original author of the Company Content.
4. Not an Offering of Securities
The information made available on or through this Website (including without limitation any Company Content) is provided for informational purposes only and is not intended to be, and should not be construed as, investment, legal, accounting, tax or other professional advice. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of any Company Content.
Neither this Website nor any other materials made available through this Website constitute an offer to sell or a solicitation to buy any investment fund or securities, nor shall this Website or any such materials form the basis of, or be relied on in connection with, or act as an inducement to enter into, any contract or commitment whatsoever. Visitors to this Website who are considering making an investment in a specific securities offering are reminded that they must not make any decision on the basis of information contained on this Website but, rather, only on the offering documents relating to that particular securities offering.
5. Use Restrictions and Security
This Website is not intended for use in any jurisdiction where its use is not permitted, and is not directed to any person or entity in any jurisdiction where (by reason of nationality, residency, citizenship or otherwise) the publication or availability of the Website and Company Content are prohibited or otherwise contrary to local laws or regulations or would subject any person or entity, including Georgian, to any registration or licensing requirements in that jurisdiction. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction(s). We make no representation that the Information, opinions or other Company Content on the Website is appropriate or will be available outside of Canada. You agree, and confirm, that your use of the Website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
7. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF IT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, GEORGIAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
GEORGIAN DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. GEORGIAN SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR ELECTRONIC DEVICE, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, WORMS, TROJAN HORSES, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY INFORMATION, SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF GEORGIAN IN OPERATING THE WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE.
8. Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT WHATSOEVER SHALL ANY OF GEORGIAN, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, PARTNERS, SHAREHOLDERS, SUCCESSORS, AGENTS, SERVICE PROVIDERS, THIRD-PARTY CONTRACTORS, SUPPLIERS, LICENSORS, AND ASSIGNS (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, DIRECT, OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR ANY INABILITY TO USE THIS WEBSITE (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF WEBSITE OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
10. Intellectual Property
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Georgian, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
All brand and company names and logos, designs, images, slogans, and trade-marks displayed on the Website are the trade-marks of Georgian (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website without the express written consent of Georgian or the owner of the mark, as appropriate, is strictly prohibited and shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
The Website is not intended to be used by any person under the age of thirteen (13). To use and access the Website, you must be at least thirteen (13) years of age (or the minimum legal age in your country to use our Website).
12. Jurisdiction and Choice of Forum
14. Entire Agreement
17. Electronic Documents
19. Contact / Notices
21. No Partnership
Georgian takes reasonable steps to ensure the security of its systems. However, there are inherent risks associated with the use of electronic means of communication. Therefore, Georgian discourages the use of the Website to submit sensitive Personal Information or business information. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the Internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. Georgian accepts no liability that may arise if any other persons obtain the information you submit to this Website.
23. Forward Looking Statements
The Website may contain forward-looking statements (within the meaning of applicable securities laws) relating to Georgian’s business and the environment in which it operates. Forward-looking statements are identified by words such as “believe”, “anticipate”, “expect”, “intend”, “plan”, “will”, “may” and other similar expressions. These statements are based on Georgian’s expectations, estimates, forecasts and projections. They are not guarantees of future performance and involve risks and uncertainties that are difficult to control or predict. Georgian cautions that no such statement is a guarantee as to future matters and that actual circumstances, events, results and performance will be affected by a number of factors, many of which are beyond our control, and may be materially different from what Georgian currently anticipates. There can be no assurance that forward-looking statements will prove to be accurate as actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, a forward-looking statement speaks only as of the date on which such statement is made. The Company undertakes no obligation to publicly update any such statement or to reflect new information or the occurrence of future events or circumstances.