Terms of Use


This web site is owned and operated by Resolute Funds Limited. You may use www.resolutefund.com and www.resolutefunds.com only if you agree, without modification, to these terms and conditions ("Terms"). Please read the Terms carefully before continuing. By using this web site you signify acceptance of our Terms. The terms "Resolute web site" and this "web site" mean the web site having a Uniform Resource Locator (or URL) of www.resolutefund.com and www.resolutefunds.com or any other web site owned, operated, licensed, or controlled by Resolute Funds Limited. You may use your browser to download or print out a copy of these Terms for your records. These Terms are as of: December 9, 2015.

This website may contain information about the Resolute Performance Fund.  In Canada, Units of the Resolute Performance Fund are only offered in Ontario, British Columbia and Alberta through dealers duly licensed to sell the Resolute Performance Fund in the province where an investor is resident for securities law purposes and who have been approved, and whose sales representatives have been approved, by Resolute Funds Limited to sell the Resolute Performance Fund.  Resolute Funds Limited does not itself distribute or sell Units of the Resolute Performance Fund to any investor, nor will orders be accepted from unauthorized dealers or sales representatives.

The Resolute Performance Fund is offered by offering memorandum only. It contains more complete information on advisory fees, distribution charges, and other expenses, and should be read carefully before investing. Past performance does not guarantee future results. Please remember that there is no assurance that the objective of the Resolute Performance Fund will be achieved. Please also note that investment return and principal value will fluctuate. Units of Resolute Performance Fund involve investment risks, including the possible loss of principal; when redeemed, mutual fund units may be worth more or less than their original cost. An investment in Resolute Performance Fund is not a bank deposit and is not insured or guaranteed by the Canada Deposit Insurance Corporation or any other government agency.

1. No Investment Advice or Recommendations
The Resolute web site and its content are provided as a public service to the unitholders of the Resolute Performance Fund and are for information and education purposes only. None of the information provided through this web site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information provided through this web site are your sole responsibility and at your own risk.

Nothing on this web site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through this web site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional advice for their particular situation. If you wish to obtain further details about any information contained through this web site, please contact us at fund@resolutefund.com. The views expressed on this web site were prepared by Resolute Funds Limited based upon the information available at the time such views were written. Changed or additional information could cause such views to change.

2. Jurisdictional Issues and Applicable Law
Unless otherwise specified, Resolute Funds Limited controls this web site from its offices in Toronto, Ontario. The services and products described and information provided through this web site are directed to and are intended to be made available only to persons in the Canadian provinces of Ontario, Alberta and British Columbia where Units of the Resolute Performance Fund are offered for sale and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject the Resolute Performance Fund or Resolute Funds Limited to regulation within such jurisdiction or country. Persons who access this web site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations. If you take legal action relating to these Terms, you agree to file such action only in Canada and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

3. Modification of Web Site
Resolute Funds Limited reserves the right, at its discretion, to change these Terms and the contents of this web site at any time and without notice. We suggest that you review these Terms periodically for changes. The Terms can be accessed from links on the home page and other pages of the Resolute web site. If you use this web site after we post changes to these Terms, you accept the changed terms.

4. Monitoring of Web Site
Resolute Funds Limited expressly reserves the right to monitor any and all use of this web site. Resolute Funds Limited is under no obligation to do so and assumes no responsibility or liability arising from the use of this web site.

5. Copyrights and Restrictions on Use of Materials
Resolute Funds Limited owns and operates this web site. All information and materials contained on the Resolute web site are subject to copyright and/or trademark protection laws. All content and tools on this web site are owned by Resolute Funds Limited, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on this web site are proprietary to Resolute Funds Limited, except those clearly identified with other persons, which are the property of their respective owners.

6. Restrictions
Users and other web sites may not:

  1. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this web site in any manner inconsistent with the purposes for which it is offered by Resolute Funds Limited to Unitholders of the Resolute Performance Fund or members of the general public.
  2. Without express written permission, copy, modify, or display Resolute Funds Limited’s name or logo, or any text, graphic images, or other content from the Resolute web site. (To obtain express written permission, contact us.)
  3. Redeliver any of the pages, text, images, or other content of the Resolute web site using "framing" technology without Resolute Funds Limited’s express written permission.
  4. Use devices (including software) that are designed to provide repeated automated access to the Resolute web site other than those made generally available by Resolute Funds Limited.
  5. Collect or store personal data about other users of this web site.
  6. Upload, email or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Resolute Funds Limited.
  7. Create a link to the Resolute web site unless the user or the operator of the other web site has executed Resolute Funds Limited's then standard agreement for the granting of permission to establish such a link.

7. Privacy and Security
For information on how Resolute Funds Limited uses and protects the personal information you may provide on this web site, please read Resolute Funds Limited's Privacy Policy. You may not use this web site to collect or harvest personal information about other persons or otherwise use the web site in a manner that is inconsistent with their privacy or personal data protection rights.

8. Contents Disclaimer
THE MATERIALS IN THIS WEB SITE AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESOLUTE FUNDS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RESOLUTE FUNDS LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. RESOLUTE FUNDS LIMITED UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

CERTAIN LINKS IN THIS WEB SITE MAY LINK YOU TO OTHER SITES ON THE World Wide Web. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RESOLUTE FUNDS LIMITED, AND RESOLUTE FUNDS LIMITED IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. RESOLUTE FUNDS LIMITED IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. RESOLUTE FUNDS LIMITED IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY RESOLUTE FUNDS LIMITED TO, OR AN ENDORSEMENT BY RESOLUTE FUNDS LIMITED OF, THE LINKED SITE.

9. Operation Disclaimer
Resolute Funds Limited endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. AS TO THE OPERATION OF THE WEB SITE, Resolute Funds Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESOLUTE FUNDS LIMITED MAKES NO WARRANTY THAT (i) THE OPERATION OF THE WEB SITE WILL MEET THE USER'S REQUIREMENTS; (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT RESOLUTE FUNDS LIMITED) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.

10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RESOLUTE FUNDS LIMITED BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEB SITE. RESOLUTE FUNDS LIMITED SHALL NOT BE LIABLE EVEN IF RESOLUTE FUNDS LIMITED OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.

11. Limitations as to Paragraphs 9 and 10
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL RESOLUTE FUNDS LIMITED TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.