Terms of Use


These Terms of Use (“Terms”) govern your relationship with the websites (each, this “Website”) www.resolutefund.com and www.resolutefunds.com and any other websites owned, operated, licensed, or controlled by Resolute Funds Limited (“Resolute Funds”, “us”, “we”, and “our”). Please read these Terms carefully before using this Website.

Your access to and use of this Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use this Website. By accessing or using this Website you agree to be bound by these Terms and accept all legal consequences. These Terms are as of: September 12, 2018.

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 to sell the Resolute Performance Fund. Resolute Funds 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.

This website may also contain information about the Resolute Growth Fund, a public mutual fund managed by Resolute Funds Limited, that was started on December 3, 1993 and which was wound up on June 2, 2006, after 12½ years of operation. As the Resolute Growth Fund has been terminated, the historical information about the Resolute Growth Fund is presented for informational purposes only and should not be construed as a forecast or a projection. Past performance is not guarantee of future results. In particular, no inferences should be drawn that the future performance of the Resolute Performance Fund will in any way necessarily reflect the past performance of the Resolute Growth Fund, as the two funds were subject to differing legal requirements and cost structures, among other material differences.

  1. No Investment Advice or Recommendations
    This Website and its content are provided as a public service to the unitholders of the Resolute Performance Fund (“Unitholders”) and are for information and education purposes only. None of the information provided through this Website 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 Website are your sole responsibility and at your own risk. Nothing on this Website 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 Website 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 Website, please contact us at fund@resolutefund.com. The views expressed on this Website were prepared by Resolute Funds 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 controls this Website from its offices in Toronto, Ontario. The services and products described and information provided through this Website 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 to regulation within such jurisdiction or country. Persons who access this Website do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

    These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If you take legal action relating to these Terms, you agree to file such action only in the provincial courts of Toronto, Ontario and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
  3. Modification of Website
    Resolute Funds reserves the right, at its discretion, to change these Terms and the contents of this Website at any time and without notice. We suggest that you review these Terms periodically for changes. These Terms can be accessed from links on the home page and other pages of this Website. If you use this Website after we post changes to these Terms, you accept the changed terms.
  4. Monitoring of Website
    Resolute Funds expressly reserves the right to monitor any and all use of this Website. Resolute Funds is under no obligation to do so and assumes no responsibility or liability arising from the use of this Website.
  5. Copyrights and Restrictions on Use of Materials
    Resolute Funds owns and operates this Website. All information and materials contained on this Website are subject to copyright, trademark, database and other intellectual property rights of Resolute Funds or its licensors. All content and tools on this Website are owned by Resolute Funds, except content clearly identified with other persons, which is the property of their respective owners. All trademarks and trade names displayed on this Website are proprietary to Resolute Funds, except those clearly identified with other persons, which are the property of their respective owners.
  6. Restrictions
    Users and others who access this Website may not:
    1. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Website in any manner inconsistent with the purposes for which it is offered by Resolute Funds to Unitholders or members of the general public.
    2. Without express written permission, copy, modify, or display Resolute Funds’ name or logo, or any text, graphic images, or other content from this Website. (To obtain express written permission, contact us.)
    3. c. Redeliver any of the pages, text, images, or other content of this Website using “framing” technology without Resolute Funds’ express written permission.
    4. Use devices (including software) that are designed to provide repeated automated access to this Website other than those made generally available by Resolute Funds.
    5. Collect or store personal data about other users of this Website.
    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.
    7. Create a link to this Website unless the user or the operator of the other web site has executed Resolute Funds’ then standard agreement for the granting of permission to establish such a link.
  7. Privacy and Security
    For information on how Resolute Funds uses and protects the personal information you may provide on this Website, please read Resolute Funds’ Privacy Policy [Draft note: insert hyperlink.]. You may not use this Website to collect or harvest personal information about other persons or otherwise use this Website in a manner that is inconsistent with their privacy or personal data protection rights.
  8. Contents Disclaimer
    THE CONTENT IN THIS WEBSITE AND ANY CONTENT MADE AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO APPLICABLE LAWS AND REGULATIONS, AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RESOLUTE FUNDS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. RESOLUTE FUNDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. RESOLUTE FUNDS UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

    CERTAIN LINKS IN THIS WEBSITE MAY LINK YOU TO OTHER WEB SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RESOLUTE FUNDS, AND RESOLUTE FUNDS 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 IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. RESOLUTE FUNDS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY RESOLUTE FUNDS TO, OR AN ENDORSEMENT BY RESOLUTE FUNDS OF, THE LINKED SITE.
  9. Operation Disclaimer
    Resolute Funds endeavors to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Website or its operation. AS TO THE OPERATION OF THIS WEBSITE, RESOLUTE FUNDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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 MAKES NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET THE USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE 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 THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT RESOLUTE FUNDS) 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 WEBSITE.
  10. Limitation of Liability
    UNDER NO CIRCUMSTANCES SHALL RESOLUTE FUNDS 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 WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. RESOLUTE FUNDS SHALL NOT BE LIABLE EVEN IF RESOLUTE FUNDS 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’ 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 WEBSITE.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the use of our Website, and supersede and replace any prior agreements, oral or otherwise, regarding our Website.

Contact Us

If you have any questions about these Terms, please contact us at: fund@resolutefund.com.