TERMS OF USE

The Terms of Use were last modified in April 2008.

Read Before Continuing – Your Acceptance of Terms of Use
Brookshire is pleased to provide you with the products, services, content, tools, and information on this website (the "Website”). Your use of the Website is subject to the following Terms of Use ("Terms").

These Terms are a binding contract between you and Brookshire & Company Ltd. ("Brookshire"). By using or accessing the Website, you accept and agree to be bound by these Terms. Your use of the Website is governed by the version of the Terms in effect on the date the Website is accessed by you. Brookshire may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting this Website and clicking on the “Terms of Use” hyperlink located at the bottom of the page. These Terms are in addition to any other agreements in writing between you and Brookshire, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Website.

Use of Website
The Website is intended only for your personal, non-commercial use, unless you and Brookshire have agreed otherwise in writing.

No Investment Recommendations or Personal Advice
The Website is not intended to provide investment, tax or legal advice.  Unless otherwise specified, you are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney, a tax professional and a registered investment broker regarding your specific investment, tax and legal situation.

Copyright Policy and Claims Procedure
We reserve the right to remove from our Website, any content that is alleged to infringe someone's copyright. If you reasonably believe that your copyrighted work is accessible on this Website in a way that constitutes copyright infringement, please contact us and provide Brookshire with the following information: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; 2) A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; 3) Identification of the allegedly infringing material, and a description of where that material is located on the Website; 4) A statement by you, made under penalty of perjury, that: i) you in good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and ii) that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner; 5) Your address, telephone number, and email address;

Brookshire Linking and Logo Use Policies
Use of Brookshire logos or creating hyperlinks to our website is prohibited unless authorized by us in writing. Further, unless you and Brookshire have expressly agreed in writing otherwise, links from another Website to a Website must resolve to the top-level homepage of this Website. In order to avoid confusion if you do link from another Website to a Brookshire top-level homepage, your Website, and the link itself, may not suggest that Brookshire endorses, sponsors or is affiliated with any non-Brookshire Website, entity, service or product, and may not make use of any Brookshire trademarks or service marks other than those contained within the text of the link.

Timeliness of Content
All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Disclaimer of Warranties
Brookshire does not make any express or implied warranties about the Website, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Brookshire does not guarantee Website accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.   The Website is made available to you "as is" and "as available" and Brookshire does not warrant that any defects or inaccuracies will be corrected.  Use of the Website is made at your own risk.

Brookshire does not warrant that the Website will meet your needs, or that it will be uninterrupted, timely, secure or error-free. Brookshire also makes no warranty that the results obtained from the use of the Website will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Limitation of Liability
Brookshire will not be liable to you or anyone else for any consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the Website or Third Party Content, inconvenience or delay). This is true even if Brookshire has been advised of the possibility of such damages or losses.

Brookshire will not be liable to you or anyone else for any loss resulting from a cause over which such Brookshire does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.

If you live in a jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, or if you access the Website solely through an arrangement with your employer or plan sponsor, some or all of these limitations and exclusions may not apply to you.

Indemnification
As a condition of your use of the Website, you agree to indemnify and hold Brookshire, it's directors, officers, employees, agents, and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

Changes to Website
Unless otherwise agreed, Brookshire may discontinue or modify the Website at any time without prior notice to you.

Unsolicited communications
We welcome your feedback about this Website and may use it to improve the Website. Should you provide unsolicited ideas, or material of any kind ("Communications") and we use it to develop or market products, services, content, tools or information, you agree that we can do so without compensating you. By providing us with such Communications, you represent to us that you own all rights to it.

Usage monitoring
We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this Website, or your use of this Website and your Communications. By using the Website, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Website, the security of the Website, compliance with these Terms of Use, or for any other reason. You agree that our monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor your Website usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will Brookshire be liable for any damages incurred by you as a result of our usage monitoring

Governing Law
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Province of Ontario, without regard to conflicts of law, and shall inure to the benefit of Brookshire's successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.