Please carefully read these Website Terms of Use (“Terms of Use”) for iPG Funds before accessing https://ipgfunds.com, at this moment referred to as the “Website”). By browsing, accessing, or otherwise using the Website, you agree to accept these Terms of Use. Your visit to the Website includes, but is not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, construction, selection, coordination, expression, and arrangement of any of the preceding available on or through the Website, together (the “Content”), is subject to these Terms of Use, our Privacy Policy and our Cookies Policy, which we may update at any time without notice to you. If we update our Terms of Use, we will post the revised Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors, and minors should not provide personal information through this Website. Nothing in these Terms of Use is meant to change any other written agreement you may have with iPG Funds (if any) that may be in effect. Additional terms and conditions of use may apply to password-restricted areas of the Website. For these Terms of Use, “iPG Funds,” “we,” and “us” means the iPG Funds entity which controls this Website, and the “User” means any person accessing the Website. The websites of other iPG Funds affiliates are governed by separate terms of use. Any disputes between you and iPG Funds, in connection with these Terms of Use, may be resolved in arbitration or small claims court, subject to applicable law.
Use of the Website and Content
You are responsible for using the Website and the Content. Please ensure that nothing you do while accessing the Website will damage the Website or otherwise violate these Terms of Use. The Website, including the Content, is the property of iPG Funds affiliates, or iPG Funds service providers and is subject to copyright, trademark, and other laws. To the extent explicitly permitted here, iPG Funds grants you a limited, revocable, non-exclusive, and non-transferable personal right to view, download and print pages from the Website solely for your personal and non-commercial use. This right will terminate immediately after you use the Website or Content. Because of the above, no intellectual property rights regarding the Website or Content are granted or extended due to iPG Funds making the Website available. So that you know, all rights not explicitly granted to you in these Terms of Use are reserved. You may not (and may not encourage or assist others) to: (i) reproduce, republish, distribute, exploit commercially, use, or modify without iPG Funds’ express written consent, the Website or Content; (ii) access, copy, or download the Website or Content using automated methods, including but not limited to “web scraping” or “bots,” “robots” or “spiders” that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content; (iii) use any trademark, service mark, or logo of iPG Funds or any third party that appears on the Website without prior written consent or remove or obscure any copyright or other notices contained in the Website or the Content; (iv) if you link other websites to the Website, imply or suggest that iPG Funds has endorsed or is affiliated with such websites, and you may not display the Website as “framed” or “mirrored” within another website; (v) delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Website or Content or any of the Website’s source code or software; (vi) transmit any virus, worm, time bomb, or similar system interference through the Website; (vii) violate these Terms of Use, the Privacy Policy or Cookies Policy or any law, regulation, rule or intellectual property or contractual rights of others, or attempt to violate the security of the Website, including trying to gain unauthorized access to Content or use or gain access to the identities, information or computers of others through the Website; (viii) impersonate any person or entity or create a user account for anyone other than yourself or create another user account without permission if iPG Funds has suspended or terminated your user account; or (ix) use any hidden text or metatags using “iPG Funds” on a website or content published on a website or otherwise. iPG Funds has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions without letting you know. We may revoke your right to use all or any portion of the Website or Content at any time. iPG Funds may investigate any complaint regarding a suspected violation of these Terms of Use and report any activity relating to the Website or Content to regulators, law enforcement officials, or other persons or entities deemed appropriate. The Website or any part of the Website may be periodically unavailable, and Content may be removed or modified at any time without notice. iPG Funds may, in its sole discretion, restrict, suspend, or cancel access to or use of the Website for all or any one or number of Users. Users will have no right to compensation or another remedy for being unable to access the Website.
Restricted Access
The Website is operated and controlled by us in the United States. Access to the Website from countries or territories where such access is illegal is prohibited. iPG Funds makes no representations that the transactions, financial or investment products, securities, and other services (“Products or Services”) discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all Users. Those who access the Website do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Website Disclaimers and Limitations of Liability
Users agree to bear all risks associated with using the Website and Content, including any reliance on the availability, accuracy, completeness, time, holiness, usefulness, or appropriateness of the Website or Content. Subject to any applicable law that cannot be excluded, the Website and Content are provided “as is” and “as available” without any representation, warranty or condition. No reliance should be placed on any information on the Website or the Content. You agree that iPG Funds is not liable for any action you take, omission, or decision you make in reliance on the Website or the Content, subject to applicable law. The Content and the Website are for informational purposes only. They are not investment, professional, legal, or other advice, nor will they be relied upon to make an investment or other decisions. The Website and Content are not an offer to sell or a solicitation of an offer to buy and do not constitute an invitation or inducement of any sort to any person. Certain information on the Website and in the Content may constitute “forward-looking statements” as defined in applicable securities laws. Forward-looking statements include predictive statements, depend upon or refer to future events or conditions, and include statements regarding iPG Funds’ competitive strengths, goals, expansion, growth, future success, operations, business, financial situation, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook. Words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” and “believe” are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of iPG Funds to differ materially. Except as required by law, iPG Funds undertakes no obligation to update or revise statements or information on the Website or in Content. Any transactions described on the Website or in any Content as having been engaged in by iPG Funds, are included as representative transactions for illustrative purposes only. I cannot tell you anything that comparable results or any target returns shown on the Website or in Content will be achieved. Past performance is not indicative of future results. You agree that to the maximum extent permitted by applicable law, in no event shall you seek to hold iPG Funds, its affiliates, and their respective officers, directors, managers, partners, members, shareholders, employees, and agents (“Affiliates”), liable and in no event shall iPG Funds or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use, inability to use, availability of the Website or the Content, irrespective of whether iPG Funds has been advised of the possibility of such damages and/or losses. The liability of iPG Funds and/or its Affiliates for breach of any condition, guarantee, or warranty implied by statute that cannot be excluded is limited to the maximum extent permitted by law at iPG Funds option to the re-supply of goods or services, or the payment of the costs of having goods or services re-supplied.
Indemnification
You agree that a condition of your use of the Website and Content is that you indemnify iPG Funds, its Affiliates and their respective representatives harmless against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature suffered as a result of your use of the Website or Content, your breach, violation or non-performance of any term or condition of these Terms of Use, or your violation of any third party’s rights relating to the Website or Content.
Linked Websites
The Website may contain links to other websites. We are not responsible for the content, security or privacy practices of other websites and we do not endorse other websites or their content by virtue of linking to them from the Website. You should review the terms of use and privacy policies of any third party website that you visit.
Password Protected Links
Some pages on the Website are available only to clients with registered accounts and log-on credentials. You are responsible for the confidentiality of your log-on credentials and account information and for all actions taken on the Website while logged on with your credentials. You should not disclose your log-on credentials or account information and choose a unique password. If you suspect your login credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account log-on page. iPG Funds reserves the right to suspend or cancel Website accounts and log-on credentials at any time, for any or no, reason, and without notice. Pages on the Website are accessible only via registered accounts and with log-on credentials are only available to institutional or professional Users. By accessing such pages, Users will be deemed to have confirmed that they meet the criteria for this classification. Such confirmation will be treated by iPG Funds as the User’s acceptance that they understand the type of these Terms of Use as applicable under the regulatory regime of their country of residence.
User Content
Third parties can intercept electronic communications and electronic mail, and other transmissions to and from the Website, and iPG Funds may not be secure. Any communications to iPG Funds should be sent to the contact information provided in the “Contact Us” section of the Website. You are responsible for any content that you post on the Website or submit to us via contact forms on the Website, email, social media accounts, or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses, or other information or materials (“User Content”). You now represent and warrant that any User Content you submit to us is either your original content or that you have obtained all necessary rights to your User Content, including the right to authorize us to use your User Content as outlined in these Terms of Use. By submitting any User Content, you now grant Brookfield an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free, fully paid-up, sub-licensable license to use, display, reproduce, publish, transmit, store, modify, and create derivative works of your User Content. Pages on the Website are accessible only via registered accounts and with log-on credentials are only available to institutional or professional Users. By accessing such pages, Users will be deemed to have confirmed that they meet the criteria for this classification. Such confirmation will be treated by iPG Funds as the User’s acceptance that they understand the classification of these Terms of Use as applicable under the regulatory regime of their country of residence.
Material Interests
Any part of iPG Funds and its Affiliates may have or have had an interest or holding, relationship, or another arrangement with the Products or Services, which may be material; I want to point out that potential investors should refer to the applicable offering documents for any Product or Service, particularly the potential conflicts of interest discussed the Website that is accessible only via registered accounts and with log-on credentials that are only available to institutional or professional Users. By accessing such pages, Users will be deemed to have confirmed that they meet the criteria for this classification. Such confirmation will be treated by iPG Funds as the User’s acceptance that they understand the classification of these Terms of Use as applicable under the regulatory regime of their country of residence.
Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Dispute Resolution by Binding Arbitration
Subject to applicable law, in the interest of resolving disputes between you and iPG Funds, you agree that iPG Funds may, at its sole discretion, require that a dispute arising out of or in connection with these Terms of Use or your use of the Website or Content shall be resolved through binding arbitration or small claims court, at iPG Funds option, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to minimal review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will occur individually; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that particular party’s claim(s). Any relief awarded cannot affect other Users.
Governing Law
Subject to the Disputes Resolution by Binding Arbitration section above, these Terms of Use and the rights and obligations of any recipient or viewer of the Website or the Content (and any person that they represent) arising out of or in connection with the Website or the Content, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of the State of New York and any disputes arising out of or in connection with the preceding shall be subject to the exclusive jurisdiction of the state or federal courts located in New York City. I just wanted to let you know that you agree to waive trial by jury in any such action. No waiver by iPG Funds or any of its Affiliates of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be relevant to interfacing conducted through the internet and its various applications, of which this material forms part. If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us by writing to: iPG Funds info@ipgfunds.com Effective as of January 1, 2023