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Legal

The following Website terms of use (the “Terms”) govern the relationship between you and East West Investment Management Corporation (“EWIM”) and its affiliates and related entities (“we”, “our” or “us”) and governs your use of our website and its content (collectively, the “Website”).

 

By accessing the Website, you acknowledge these Terms and agree to be bound by them. If you do not agree to these Terms, you are not permitted to access the Website and must not access the Website. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and you agree to review the Terms regularly, and your continued access or use of the Website will mean that you agree to any changes.

 

We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. We may terminate the authorization, rights and license given in these Terms and, upon such termination, you shall immediately destroy all information and materials obtained by you from the Website.

 

A. USE OF WEBSITE

 

We are not responsible in any manner for any damages, losses or expenses (including direct, indirect, special, consequential, incidental or punitive damages), however caused, arising directly or indirectly out of your use of the Website and/or any web browser or your inability to use the Website, or any error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, including any damages you may suffer if you transmit confidential or sensitive information to us or if we communicate such information to you at your request over the Internet, even if we or our representatives are advised of the possibility of such damages, losses or expenses. To the extent permitted by applicable law, you agree to indemnify us against any and all liability resulting from any claims arising in relation to your use of the Website.

 

Websites accessed by hyperlink appearing from the Website are for convenience only and are to be used at your own risk. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Website. We do not review or control, and are not responsible for, any websites linked from or linking to the Website, the content of those websites, the privacy practices or security standards of those websites, the third parties named therein, or their products or services.

 

B. DISCLAIMER

 

The Website is provided on an “as is” basis and we do not make any express or implied representations, warranties, endorsements or conditions with respect to the Website or any of its contents, including without limitation, any warranties or conditions as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. Any implied warranties, statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law. In accessing the Website you have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.


 

C. INFORMATION ON THE WEBSITE

 

The statements contained herein including information provided as part of written commentaries are based on material believed to be reliable and are provided for informational purposes only. They do not provide financial, legal, accounting, tax, investment or other advice, and should not be acted or relied upon in that regard without seeking the advice of a professional. Graphs are used for illustrative purposes only. We cannot guarantee the information is accurate, complete or current at all times. Where EWIM acts as adviser for a particular investment or trading strategy, that investment or trading strategy should be evaluated relative to an investor’s objectives, risk tolerance and particular circumstances. We are not liable for any errors or omissions in the information or for any loss or damage suffered. We endeavor to keep information current, but certain information may be subject to change.

 

Products and services of EWIM and its affiliates are only offered in jurisdictions where they may be lawfully offered for sale. All products and services are subject to the terms of the applicable agreement. The information provided on the Website is for general information purposes only and is subject to change without notice. The Website, and any information contained in it, is not, and under no circumstances is to be construed as, an invitation to make an investment in any securities. The Website should not be relied upon when evaluating the merits of a potential investment in any securities. Information on securities held by EWIM should not be considered a recommendation to buy or sell a particular security. Specific securities noted are for illustrative purposes only.

 

The S&P Canada Aggregate Bond Total Return Index and the FTSE Canada Universe Bond Index are used as benchmarks as they are standard gauges in the industry against which the performance of fixed income portfolios are measured. The iShares Core Canadian Universe Bond Index ETF (Ticker: XBB) is used as a proxy for the FTSE Canada Universe Bond Index; its 5-year tracking error is approximately 0.2%. Returns shown are before fees charged by EWIM; however, are shown net of all third-party manager fees. 

 

The returns do not necessarily include specially negotiated rebates passed along to clients of EWIM (which increase overall returns to EWIM clients beyond the figures shown). Note that for the year 2018, the EWIM Alternative Yield Index newly included the Algonquin Debt Strategies Fund but no client assets were ultimately allocated to that fund, so the returns shown in 2018 exclude the returns of that fund; if the returns of that fund were included, the total return for 2018 would be 9.5%. Returns for two underlying strategies, which involve irregular capital calls and distributions, were interpolated where necessary by EWIM. Some returns may be unfinalized and may be subject to revision. EWIM clients invest in only some of the funds in the EWIM Alternative Yield Index; in addition, certain clients invest in funds that are not included in the EWIM Alternative Yield Index. In the Annualized Returns Since Inception as well as in the graphic depiction of returns, EWIM assumes that all distributions are reinvested. 

 

Figures exclude any taxes payable. The information contained in this document is of a general nature and is for informational purposes only and does not constitute financial, investment, tax or legal advice. These comments reflect the opinion EWIM on the date of production and are subject to change at any time without notice due to various factors, including changing market conditions or tax laws. EWIM is separate and unaffiliated from any third party referenced herein and is not responsible for their products, services, policies or content of their website. All investments are subject to varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy referenced directly or indirectly in this report will be profitable, perform equally to any corresponding indicated historical performance level(s), or be suitable for your portfolio. 

 

 Often, but not always, forward-looking statements can be identified by the use of words such as “plans”, “expects”, “is expected”, “budget”, “scheduled”, “estimates”, “targets”, “forecasts”, “intends”, “anticipates”, or “believes” or variations (including negative variations) of such words and phrases, or state that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved. Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of EWIM and/or its affiliated companies and/or third-party funds to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such factors include, amongst others, general business, economic, competitive, political and social uncertainties; conclusions of economic evaluations and studies; delays in obtaining approvals or financing. Although EWIM has attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results to differ from those anticipated, estimated or intended. 

 

​The East West Alternative Yield Index is designed to replace the fixed income component of portfolios. It consists of eight third-party, CAD-denominated funds (with equal allocations to each): the underlying funds hypothetically often have lower durations, less volatility, and higher yields than traditional bond holdings. The strategy is hypothetically designed to have a low correlation (beta) to public markets. Hypothetically depending on individual circumstances, the allocations can also prove more tax efficient. The EWIM Alternative Yield Index’s inception was January 1st, 2016. The EWIM Alternative Yield Index represents an index of EWIM's top eight selected third-party alternative yield investment funds and is for tracking purposes only. Certain EWIM clients are invested in only some of the funds in the EWIM Alternative Yield Index; in addition, certain clients are invested in funds that are not included in the EWIM Alternative Yield Index. Please contact EWIM for further details.

 

The value for Hypothetical growth of $1 million of the EWIM Alternative Yield Index before fees versus benchmarks was calculated by finding the hypothetical average between 0.36% which is the S&P Canada Aggregate Bond Index’s annualized return since its inception, and -1.22% which is the FTSE Canada Universe Bond Index’s annualized return since inception: ( 0.36 + -1.22) / 2 = -0.43. The difference of the hypothetical average of the said two indices and EWIM Alternative Yield Index was calculated with a difference of 10.57%. The calculation as follows: ( 10.14 –  -0.43 ) = 10.57. 

Additional details on EWIM’s approach to data management in the context of its Alternative Yield Index are detailed in the “EWIM Alternative Yield Data Management Policy” and can be provided upon request. 


 

D. FORWARD-LOOKING STATEMENTS

 

The disclosure on the Website of EWIM’s investment strategies and intentions may constitute “forward-looking information” for the purpose of applicable securities legislation, as it contains statements of EWIM’s intended course of conduct and future operations of EWIM. These statements are based on assumptions made by EWIM of the success of its investment strategies in certain market conditions, relying on the experience of EWIM’s officers and employees and their knowledge of historical economic and market trends. Investors are cautioned that the assumptions made by EWIM and the success of its investment strategies are subject to a number of mitigating factors. Economic and market conditions may change, which may materially impact the success of EWIM’s intended strategies as well as its actual course of conduct. Past performance is not indicative of future results. 

 

E. THIRD-PARTY SITES

 

Electronic links to third-party websites are provided for convenience only. EWIM accepts no liability whatsoever for the content of those websites and does not in any way endorse the websites, the organizations that produce them or any content contained on such sites.


 

F. TRADE-MARKS AND COPYRIGHTS

 

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Website may constitute trade names, registered or unregistered trade-marks or service marks (“Trade-marks”) of East West Investment Management Corporation or other third parties.

 

Copyright © 2023. East West Investment Management. All information on the Website is protected under the copyright laws of Canada and/or other countries. Users of the Website shall be entitled to a single copy of any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by “uploading” or “downloading” or “mirroring”, without the prior written consent of EWIM. Except as provided above, no one has permission to copy, display, distribute, download, license, modify, publish, repost, reproduce, reuse, sell, republish, use to create derivative work or otherwise use for public or commercial purposes in any form, any information found on the Website.

 

Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of the Website may be a violation of statutory or common law rights which could subject the violator to legal action.

 

G. NON-CANADIAN INVESTORS

 

The information contained herein does not constitute an offer or solicitation to anyone in the United States or in any other jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not resident in Canada should contact their financial advisor to determine whether securities of the Funds referred to on the Website may be lawfully sold in their jurisdiction.

 

H. GENERAL

 

The Website is administered by EWIM from its offices in Canada. Except where prohibited by the laws of your jurisdiction, the Website will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Website or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Website or the Terms.

 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

These Terms are not transferable by you in any way and may not be assigned to any third party without our prior written consent. 

 

No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights

 

  1. COOKIE POLICY

When visiting the Website, we or our authorized service providers may use cookies or other similar technologies to store your information to help provide a more efficient and personalized browsing experience. 

This cookie policy provides clear and comprehensive information about the cookies used by EWIM, our purposes for using them, and how you can manage your cookies. 

 

What are cookies?

A cookie is a small piece of data that is placed on your computer when you visit a website.  Cookies were created so that information could be stored in between visits to a website.  They collect and store information about you based on your browsing patterns and the information you provide.  Cookies record language preferences, for example, or let users avoid logging in each time they visit a site.

Types of cookies

There are multiple types of cookies. First party cookies are placed directly by us to your device whereas third party cookies are placed by a third-party service provider. The amount of time a cookie remains on your device varies depending on the type of cookie. Session cookies are stored in your device’s temporary memory and will disappear automatically once you close your browser whereas persistent cookies will remain on your device even after your browser is closed and will have different expiration dates.  

Consent

By continuing to browse our website, you are agreeing to the use of cookies. If you do not wish to consent or wish to withdraw your consent at any time, you will need to disable cookies via your browser settings as outlined below.

 

Use of cookies by third party service providers

We may work with service providers who make use of third-party cookies for various purposes including to see how you are interacting with our website. We encourage you to consult the policies of these third-party service providers for information regarding their use of cookies. 

Service Provider

 

Google Analytics

We use Google Analytics to understand how you interact with our website in order to improve user experiences

Cookie Policy

https://tools.google.com/dlpage/gaoptout

Wix

We use Wix to host our website

Cookie Policy

https://support.wix.com/en/article/cookies-and-your-wix-site

 

How to control or delete cookies 

You have the right to decide whether to accept or reject cookies. However, please note that if you want to disable certain cookies (including essential cookies), you may not be able to use the full functionality of the website. 

You can always change your cookie preferences for our website by changing your browser settings. Please note that by default, most browsers automatically accept cookies. You may therefore need to actively manage your cookie preferences. 

For more information on how to disable or manage cookies, you can refer to your browser’s help guide below or visit

www.allaboutcookies.org

 

J. PRIVACY POLICY 

The privacy of our clients is very important to us. Set forth below are our policies with respect to personal information of our clients that we collect, use and disclose. In connection with the management of our client’s accounts, we collect and maintain personal information about clients in order to perform our responsibilities under the investment management agreement, to meet legal and regulatory requirements and for any other purpose to which they may consent in the future. Their personal information is collected from the following sources:

 

  • investment management agreements or related account opening forms that they submit to us;

  • their transactions with us and our affiliates; and

  • meetings and telephone conversations with them.

 

Unless a client otherwise advises, by providing us with their personal information they have consented to our collection, use and disclosure of their information as provided herein. We collect and maintain their personal information in order to give them the best possible service and allow us to establish their identity, protect us from error and fraud, comply with the law and assess their suitability for investments in securities. We may disclose their personal information to third parties, when necessary, and to our affiliates in connection with the services we provide, including: 

 

  • financial service providers, such as banks and others used to finance or facilitate transactions by, or operations of, the accounts;

  • service providers who assist in the management of investment funds that the clients are invested in, such as accounting, legal, or tax preparation services; and

  • taxation and regulatory authorities and agencies.

 

We seek to carefully safeguard their private information and, to that end, restrict access to personal information about them to those employees and other persons who need to know the information to enable us to provide services to them. Each employee of EWIM is responsible for ensuring the confidentiality of all personal information they may access. 

 

Clients’ personal information is maintained on our networks or on the networks of our service providers and are accessible at 122 Scollard Street, Toronto, Ontario, M5R 1G2. Personal information may also be stored on a secure off-site storage facility. A client may access their personal information to verify its accuracy, to withdraw their consent to any of the foregoing collections, uses and/or disclosures being made of their personal information and may update their information by contacting EWIM at the following number: 416 646 9999. Please note that our ability to provide services to a client may be impacted should they withdraw their consent to the collection, use and disclosure of their personal information as outlined above.

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