Terms and conditions
Use of Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Power Sustainable’s sole discretion. Information provided on this Site is not considered full disclosure for the purpose of trading in the securities of Power Sustainable. This Site is for general information purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax or other professional advice. This Site should not be used as a substitute for independent research or for personal advice and prior to trading in securities of Power Sustainable, you should consult the appropriate professional advisers.
The information and materials presented on this Site are not to be used or construed as a public offering, an offer to sell or the solicitation of an offer to buy any securities of Power Sustainable.
The information and materials presented on this Site should not be interpreted to state or imply that past results are indicative of future performance.
Changes to the Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
Site Privacy and Cookies
The Site does not automatically gather any personal information from you, such as your name, phone number or e-mail address. We would obtain this type of information if you supply it voluntarily through the Site or by sending us an e-mail or other communication separate from the Site. For example, when you subscribe to our email notification service, we collect your last name, first name, email address and language preference in order to send you email alerts when new information is posted on our website, such as news releases and other Disclosure Documents (as defined below). You may cancel your subscription at any time by using the unsubscribe mechanisms provided through the email alerts.
Power Sustainable may employ software programs and other methods to monitor network traffic on its Site to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or other assets of Power Sustainable. These programs and methods may receive and record the Internet Protocol (“IP”) address of the computer that has contacted our Site, the date and time of the visit and the pages visited. We may attempt to link these addresses with the identity of individuals visiting our Site if an attempt to damage the Site or other Power Sustainable assets has been detected.
We use two types of cookies: (i) a language cookie that remembers your choice of language for the website (i.e. English or French) for the purpose of your next visits; (ii) cookies related to the use of Google Analytics on our website. Google Analytics uses first-party cookies to report on visitor interactions. These cookies are used to store non-personally identifiable information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. A description of the Google Analytics cookies can be found at: http://www.google.com/analytics/learn/privacy.html By using this site with cookies enabled in your browser preferences, you consent to the use of the cookies described above.
This Site may contain links or references to third-party websites including affiliates of Power Sustainable. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Power Sustainable even if such third party is a Power Sustainable affiliate. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.
Your use of this Site will at all times comply with all applicable laws. You will not use this Site to (a) engage in denial of service attacks, transmit disabling mechanisms or take actions designed to impair network access; (b) infringe any third party’s intellectual property or proprietary rights; (c) transmit or disseminate content that you do not have the right to transmit or disseminate under law, or contractual or fiduciary relationships; or (d) transmit or disseminate content that contains personally identifiable information not belonging to you.
The materials displayed on or contained within this Site including, without limitation, all software, tools, design, text, reports, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Materials”), are the property of Power Sustainable and its affiliates or licensors and are protected by copyright, trade-mark and other intellectual property laws. All rights reserved. Power Sustainable hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display on the Site the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) without express prior written consent of Power Sustainable. Use of Materials is only permitted with the express written permission of Power Sustainable and/or its affiliates or licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This provision shall survive the termination of your right to use this Site.
Securities Filings and Other Financial Information
Canadian securities regulators have established a system requiring regular disclosure of financial and operating information (including annual and interim financial statements, annual and interim management’s discussions and analyses (“MD&As”), annual information forms (“AIFs”) and management proxy circulars prepared in connection with annual and special meetings of Power Sustainable), as well as periodic disclosure upon the occurrence of certain events (collectively, “Disclosure Documents”).
Information available on this Site includes certain Disclosure Documents and other financial and operating information relating to Power Sustainable. Any such information, whether in a Disclosure Document or otherwise, may not be the most current source of information regarding Power Sustainable and its affiliates. Power Sustainable disclaims any intention or obligation to update such information. Any such information available on this Site, including in Disclosure Documents, shall be deemed to be modified or superseded to the extent that subsequent information on the Site, including information in later-dated Disclosure Documents, modifies or supersedes such information. The subsequent information need not state that it has modified or superseded prior information available on this Site. Disclosure Documents may be found at www.sedar.com.
Certain statements on this Site, including in Disclosure Documents, other than statements of historical fact, are forward-looking statements based on certain assumptions and reflect Power Sustainable’s current expectations, or with respect to disclosure regarding Power Sustainable’s public subsidiaries, reflect such subsidiaries’ disclosed current expectations. Forward-looking statements are provided for the purposes of assisting the reader in understanding the Corporation’s financial performance, financial position and cash flows as at and for the periods ended on certain dates, as well as the Corporation’s business, operations, prospects and risks at a point in time in the context of historical and possible future developments, or to otherwise present information about management’s current expectations and plans relating to the future and the reader is cautioned that such statements may not be appropriate for other purposes. These statements may include, without limitation, statements regarding the operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies and outlook of the Corporation and its subsidiaries, including the fintech strategy, the expected impact of pandemics or other public health crises on the Corporation’s and its subsidiaries’ operations, results and dividends, as well as the outlook for North American and international economies for the current fiscal year and subsequent periods, the intended effects of material transactions and acquisitions, share buybacks and redemptions of securities of the Corporation and its subsidiaries. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as “expects”, “anticipates”, “plans”, “believes”, “estimates”, “seeks”, “intends”, “targets”, “projects”, “forecasts” or negative versions thereof and other similar expressions, or future or conditional verbs such as “may”, “will”, “should”, “would” and “could”.
By its nature, this information is subject to inherent risks and uncertainties that may be general or specific and which give rise to the possibility that expectations, forecasts, predictions, projections or conclusions will not prove to be accurate, that assumptions may not be correct and that objectives, strategic goals and priorities will not be achieved. A variety of factors, many of which are beyond the Corporation’s and its subsidiaries’ control, affect the operations, performance and results of the Corporation and its subsidiaries and their businesses, and could cause actual results to differ materially from current expectations of estimated or anticipated events or results. These factors include, but are not limited to: the impact or unanticipated impact of general economic, political and market factors in North America and internationally, fluctuations in interest rates, inflation and foreign exchange rates, monetary policies, business investment and the health of local and global equity and capital markets, management of market liquidity and funding risks, risks related to investments in private companies and illiquid securities, risks associated with financial instruments, changes in accounting policies and methods used to report financial condition (including uncertainties associated with significant judgments, estimates and assumptions), the effect of applying future accounting changes, business competition, operational and reputational risks, technological changes, cybersecurity risks, changes in government regulation and legislation, changes in tax laws, unexpected judicial or regulatory proceedings, catastrophic events, man-made disasters, terrorist attacks, wars and other conflicts, or an outbreak of a public health pandemic or other public health crises, the Corporation’s and its subsidiaries’ ability to complete strategic transactions, integrate acquisitions and implement other growth strategies, and the Corporation’s and its subsidiaries’ success in anticipating and managing the foregoing factors.
The reader is cautioned to consider these and other factors, uncertainties and potential events carefully and not to put undue reliance on forward-looking statements. Information contained in forward-looking statements is based upon certain material assumptions that were applied in drawing a conclusion or making a forecast or projection, including management’s perceptions of historical trends, current conditions and expected future developments, as well as other considerations that are believed to be appropriate in the circumstances, including the availability of cash resources and that the list of factors in the previous paragraph, collectively, are not expected to have a material impact on the Corporation and its subsidiaries. While the Corporation considers these assumptions to be reasonable based on information currently available to management, they may prove to be incorrect.
Other than as specifically required by applicable Canadian law, the Corporation undertakes no obligation to update any forward-looking statement to reflect events or circumstances after the date on which such statement is made, or to reflect the occurrence of unanticipated events, whether as a result of new information, future events or results, or otherwise.
Additional information about the risks and uncertainties of the Corporation’s business and material factors or assumptions on which information contained in forward-looking statements is based is provided in its disclosure materials, including its most recent annual and interim Management’s Discussion and Analysis and Annual Information Form, filed with the securities regulatory authorities in Canada and available at www.sedar.com.
Disclaimer of Warranties
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE OR DOCUMENTATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. POWER SUSTAINABLE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, DOCUMENTATION AND LINKS CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED ACCESS, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, SOFTWARE OR DOCUMENTATION PROVIDED THROUGH THIS SITE. IN ADDITION, POWER SUSTAINABLE DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
Limitation of Liability
IN NO EVENT SHALL POWER SUSTAINABLE, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, GOODWILL OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES CONTAINED OR REFERRED TO ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; WHETHER OR NOT POWER SUSTAINABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
You agree to indemnify and hold harmless Power Sustainable and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; and (b) your use of this Site. This provision shall survive the termination of your right to use this Site.
Power Sustainable may at any time and at its sole discretion terminate your right to use this Site.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Québec and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of the Province of Québec. This provision shall survive the termination of your right to use this Site.
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