Terms and Conditions

Legal Information – Website Disclaimer

Terms of Use

Your use of the Canadian Website (the “Website”) of KuSu Inc. shall be deemed acceptance of the present terms of use of the Website (the “Terms of Use”).  If you do not accept the Terms of Use, do not access the Website or any page thereof.

KuSu Inc. can terminate, change, suspend or discontinue any or all aspects of the Website, including the availability of any function, at all times, without warning or liability.  KuSu Inc. can also add, subtract, modify or otherwise change all content belonging to the Website or accessible through the Website.  KuSu Inc. can also set limits regarding certain functions and services or restrict your access to any and all parts of the Website, without notice or liability.

Limited Access

The information provided herein is confidential and is addressed exclusively to Canadian investors and only to those investors that may purchase securities which meet requirements of the prospectus and registration exemptions within the meaning of the applicable laws.  This information is not meant to be distributed or used by any person or entity in a country or jurisdiction where such distribution or use would be contrary to legal or regulatory requirements, or would obligate KuSu Inc. to any registration requirements in such country or jurisdiction.  Moreover, unless otherwise specified, the data provided herein is for informational purposes only and it does not constitute an offer or solicitation by KuSu Inc.  to provide advice or a financial, legal, fiscal or investment service or to buy or sell securities or any financial instrument.  KuSu Inc. does not warrant or declare, implicitly or explicitly, that the information provided herein is exact, complete or current.

Local Laws

The information provided on this Website is not meant to be distributed or used by any person or entity in a country or jurisdiction where such distribution or use would be contrary to legal or regulatory requirements or would subject KuSu Inc. to any registration requirements in such country or jurisdiction.  Not all products or services may be registered or authorized in all countries or available to all clients.

KuSu Inc. will not provide the products and services described hereunder to any person if such action would breach any applicable laws.

For Informational Purposes Only

The data and information available on this Website are provided for informational purposes only.  None of the information available on the Website constitutes an offer to buy, a solicitation to sell any securities, investment advice regarding the purchase or sale of any securities, an offer or solicitation by KuSu Inc. or its affiliates to provide investment advice or a financial, legal, tax or investment service or to buy or sell securities or other financial instruments.

Nature of Market Data

The data and information available on the Website may be offered by information providers by virtue of authorizations given either to KuSu Inc. or its affiliates.  This material is presented for informational purposes only.  The inclusion of this data on the Website does not entail that KuSu Inc. or its affiliates approved, examined of verified this data or any opinion therein.

Website Use

The Website seeks to inform you by providing information that is complimentary to the relevant documentation regarding the products and services of KuSu Inc.

Any investment in KuSu Inc. should be made only after having consulted, without limitation, the legal documents regarding this investment or product purchase.

Any illegal or abusive use of the Website or of an element thereof (including piracy, introducing a virus, any disruption or usage that is excessive or contrary to the law) is expressly prohibited.

Performance

Past performance does not necessarily guarantee future performance.  Revenue derived from investments may fluctuate.  The price or the value of investments outlined in the reports, directly or indirectly, may increase or decrease to the investors’ disadvantage.  KuSu Inc., its officers, directors, employees, advisors and affiliates, and the authors of the Website do not accept any liability for any loss, direct or indirect, resulting from the use of the information available on the Website.

No Warranty

The information available on the Website is presented at the date indicated and “as is”.  KuSu Inc. makes no representations or warranties, express or implied, regarding the accuracy, trustworthiness, completeness or fitness for a particular purpose of the information provided on the Website.  The data is based on information that we consider trustworthy, but we do not guarantee that such information is accurate, complete, valid or relevant, and should not be considered as such for any purpose whatsoever.

Independent Advice

For purposes of creating the Website and selecting the information herein, we did not take into account your individual needs, your investment objectives or your financial situation.  You should make your own independent decisions regarding the products herein.  To this end, you may consult your financial and tax advisors.

KuSu Inc. and its affiliates, their officers, directors and employees, including those involved in the creation of the Website, can hold their own participations and interests in the financial products presented on the Website and can also act or have acted as trustees, investment dealers, underwriters, advisers or lenders regarding the financial products presented on the Website.

Confidentiality and Privacy

KuSu Inc. will keep confidential all personal information that you may have to provide to KuSu Inc. through use of the Website.

You acknowledge and accept that KuSu Inc. can (i) use the personal information provided through use of the Website (notably, through the information request form) in the services it provides on your behalf and (ii) disclose the personal information to its agents, service providers and other affiliates across the world (including in countries which have a different degree of protection of personal information than in Canada) in order to provide you with information on certain products and services that they offer.  If you would like to not receive or stop receiving this information, please let us know by writing to the following e-mail address: gayelene@kusu.getyeg.com.  KuSu Inc. may also use or communicate your personal information as required by law, including by court order.

The personal information collected on the Website is meant to be stored by KuSu Inc. and will not be transmitted to third parties, except as notified above.  You have a right to access, modify, correct or suppress the information that concerns you.  In order to act upon such right or if you have questions regarding the collection, use or disclosure of your personal information, please contact us at the following e-mail address: gayelene@kusu.getyeg.com.

You acknowledge and accept that KuSu Inc. can also (i) collect certain technical and navigational data regarding your use of the Website (such as your type of navigator, your Internet Protocol address, the pages visited and the average time spent on the Website) and compile generally these statistics and (ii) provide this data and statistics to third parties.  None of this data and statistics will contain personal information that may identify you.

In spite of all the preventive measures that KuSu Inc. has put in place, you acknowledge and agree expressly that the Internet is not a secured method of communicating information and that you are using the Internet at your own risk.  KuSu Inc. is not liable for any loss or damage which may result from third-party interception of information provided on the Website.

Web Link Use

You will be connecting to and disconnecting from the Website through links available on the Website and you will browse contents not provided by KuSu Inc. at your own risk.  KuSu Inc. has not developed nor verified the accuracy of the data contained in these links.  KuSu Inc. is not liable for the damages or losses cause by delays, defects or omissions which may appear in the services, information or other content provided on the Website, whether these damages or losses be real, alleged, indirect or punitive.  KuSu Inc. makes no warranty or representation, and will not be liable for any content provided by a third party through electronic means, including as it pertains to the accuracy, the subject, the quality or the timing of an electronic content.

Limitation of Liability

In no event shall KuSu Inc., and affiliate, or their respective shareholders, officers, directors, employees, agents successors or assigns be liable for any loss or damage which may result from a power failure or an interruption of the Website, or from an error, omission, interruption, suppression, defect, a delay in transmission or processing, a virus, a failure of the communications line or an alteration or a use of recordings, even if the circumstances resulting in such event could have been under the control of KuSu Inc. or of any supplier of services or software assistance.

IN NO EVENT SHALL KUSU INC., ANY AFFILIATE, OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR BUSINESS) OR FOR ANY LOSSES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED BY KUSU INC., REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING FUNDAMENTAL BREACH) AND EVEN IF KUSU INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Ownership of the Website, Copyrights and Trade-marks

KuSu Inc. and/or its affiliates hold the copyright on any works available on the Website, including the images, texts, iconographic representations and the documents which may be removed from the Website, as well as on the software integrated in the Website.

The copying, downloading, publication, distribution or representation of all or part of the Website, through any means, is strictly prohibited without the prior written consent of KuSu Inc.

Nevertheless, you can download or print pages and/or parts of the Website, strictly for personal use, as long as you do not delete the references to the copyright and to the intellectual property rights therein.

The removal or any other form of copying of the software or the information provided on the Website does not entail any right as to the software or the information as such and you cannot copy (in whole or in part), transmit (electronically or otherwise), modify or use the Website for public purposes or for other commercial purposes, nor create links to the Website, without the prior written consent of KuSu Inc.

The company names, logos and names of products belonging to KuSu Inc. or to any affiliate and which are used on the Website, can be trademarks, including registered trademarks, belonging to KuSu Inc. or to any affiliate and cannot be copied, imitated or used, in whole or in part, without the prior written consent of KuSu Inc. or of any affiliate involved.  Other product names, company names and logos mentioned on the Website may be trade-marks of their respective owners and, as such, their use will require the latter’s prior written consent.

Indemnity

You agree to indemnify, defend and hold harmless KuSu Inc. or any affiliate and their respective shareholders, directors, officers, employees, agents, successors and assigns, regarding any cause of action, claim, loss, debt or liability, including court costs and reasonable legal fees, resulting from any act or communication engaged in or transmitted during your use of the Website or your violation of the Terms of Use.

Relationship with the Website Users

The relationship established between you and KuSu Inc. is a relationship between independent entrepreneurs and neither KuSu Inc. nor any of its officers, directors, employees or agents can be considered your partner or agent by virtue of your use of the Website.

Jurisdiction

The Website and its contents are governed by and interpreted according to the laws of the Province of Alberta and the federal laws of Canada applicable thereto.  Any derived or connected legal action shall be submitted to the exclusive jurisdiction of the Courts of Queen’s Bench of the City of Calgary, in the Province of Alberta.

General Observations

The Terms of Use constitute the entire agreement between you and KuSu Inc. regarding the subject thereof.  If, for any reason whatsoever, a court of appropriate jurisdiction rules that a clause of the Terms of Use or a part thereof is not valid, the other clauses of the Terms of Use will continue to have full force and effect.

For any questions or concerns regarding the use of the Website or the Terms of Use, you can contact us at the following e-mail address: gayelene@kusu.getyeg.com.