Terms and Conditions of Use
Important Legal Information
Please read these Terms and Conditions of Use (“Terms of Use”) carefully. PIMCO Canada Corp. (“PIMCO Canada”), a registered investment fund manager, exempt market dealer and portfolio manager owns and operates this Website (“Site”).
By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract, and you accept the Terms of Use as set forth herein and agree to be legally bound by them. If you do not agree to these Terms of Use, please do not access this website or any pages thereof. By accessing or using this Site, Data or Content (each, as defined below), you agree to be bound by these Terms of Use. These Terms of Use govern your access to and use of the Site operated by PIMCO Canada, and of any text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads or other materials appearing on the Site (“Content”) or data pages and downloads (“Data”).
Restrictions
Unless and except as otherwise expressly permitted by these Terms of Use, you may not (a) access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through this Site, (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any PIMCO Canada server or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PIMCO Canada’s systems or networks or any systems or networks connected to the Site, (f) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to PIMCO Canada on or through the Site, or (h) use the Site in an unlawful manner. Any unauthorized use of this Site or the Content will terminate the permission granted herein and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
Reservation of Rights
Your use of this Site is governed by the version of the Terms of Use that is in effect on the date this Site is accessed by you. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time, without notice. Your continued use of the Site following such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. All rights not expressly granted herein are reserved by PIMCO Canada. These Terms of Use inure to the benefit of PIMCO Canada, its successors and assigns. You may not assign the Terms of Use. No waiver shall be effective unless in writing.
Use of Content
The Content of this Site is available for informational purposes only. The posting of Content and access to this Site does not constitute, either explicitly or implicitly, any provision of services or products by PIMCO Canada or any of its respective affiliates. PIMCO Canada updates the Content and Data from time to time at its sole discretion. You agree to check this Site regularly for updates. You agree to use all Content unmodified and as provided by PIMCO Canada and with all logos and copyright, trade name, and other proprietary rights notices provided by PIMCO Canada (the “Marks”) intact and to not modify the Content, including but not limited to by removing, altering, or adding any text, graphics, warranty statements, logos, or Marks. You will not re-brand or co-brand the Content or Data. You agree to use of Data as-is and not alter or distribute Data. You will not take any action in derogation of PIMCO Canada’s rights in the Marks, including but not limited to applying to register any trademark, trade name, service mark, or other designation that is confusingly similar to any Mark. You will not use the Marks for any purpose.
You will use only Content designated for you and will not distribute Content to any third parties.
No Relationship
PIMCO Canada is an independent contractor and not an agent of you in the performance of these Terms of Use. These Terms of Use are not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties. Nothing in these Terms of Use will be deemed to confer any third-party rights or benefits.
Investment Risks
Past performance is no guarantee of future results. Investments may be worth more or less than the original cost when redeemed. Investing in the bond market is subject to certain risks including market, interest-rate, issuer, credit, and inflation risk. The value of most bonds and bond strategies are impacted by changes in interest rates. Bonds and bond strategies with longer durations tend to be more sensitive and volatile than those with shorter durations; bond prices generally fall as interest rates rise, and the current low interest rate environment increases this risk. Current reductions in bond counterparty capacity may contribute to decreased market liquidity and increased price volatility. Investing in foreign denominated and/or domiciled securities may involve heightened risk due to currency fluctuations, and economic and political risks, which may be enhanced in emerging markets. Commodities contain heightened risk including market, political, regulatory, and natural conditions, and may not be suitable for all investors. Equities may decline in value due to both real and perceived general market, economic, and industry conditions. The value of investments, and the income from them, can go down as well as up, and you may not recover the amount of your original investment. Where investments involve currency exposure, changes in rates of exchange may cause the value of the investment to go up or down. Diversification does not ensure against loss. Any tax benefits referred to on this Site are subject to change and their availability and value will depend on your individual circumstance. Such investments are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the Canada Deposit Insurance Corporation or by any other government deposit insurer or any other agency. There is no guarantee that any Content discussing an investment strategy will work under all market conditions or will be suitable for all investors and each investor should evaluate their ability to invest long-term, especially during periods of downturn in the market. Investors should consult their financial and/or tax adviser prior to making any investment decision. Some of the investments and services on this site may not be available in or appropriate for registered plans. Please contact your financial adviser about any investment restrictions associated with your particular plan. The above is not intended to be a complete representation of the risks of investment contained in this Site.
No Investment Advice
Nothing on this Site contained herein constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities be offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful. All Site Content is subject to applicable statutes and regulations. This Site is published in Canada for residents of Canada only. Investors outside of Canada may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. Any potential investor should satisfy themselves that an investment in any PIMCO product is permissible under the rules and regulations of their domicile. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site. If you choose to access this Site from locations outside of Canada, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws.
The information provided is for informational purposes only and investors should determine for themselves whether a particular service or product is suitable for their investment needs or should seek such professional advice for their particular situation. Please refer to the offering documents for further information concerning specific products. All products and services are subject to the terms of each and every applicable agreement.
The Site is not intended to provide any tax, legal, or investment advice. Nothing on the Site shall be considered as a recommendation, by PIMCO Canada or any of its affiliated sub-advisers, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, you alone 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 or tax professional regarding your specific legal or tax situation.
Cautions about Future or “Forward-looking Statements”
Certain of the statements contained herein may be statements of future expectations and other forward-looking statements that are based on management, speaker or author current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. These forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of PIMCO Canada or any of its affiliates.
Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance or other projections are “forward-looking statements”. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects. Forward-looking statements also include statements that are predictive in nature, depend upon or refer to future events or conditions, or include words such as “may”, “will”, “should”, “expects”, “anticipates”, “intends”, “plans”, “believes”, “estimates”, “predicts”, “potential” or “continue”, “preliminary”, “typical”, and other similar expressions. In addition, these statements may relate to future corporate actions, future financial performance of a fund or a security and their future investment strategies and prospects. Forward-looking statements are inherently subject to, among other things, risks, uncertainties and assumptions which could cause actual events, results, performance or prospects to differ materially from those expressed in, or implied by, these forward-looking statements. These risks, uncertainties and assumptions include, without limitation, general economic, political and market factors in North America and internationally, interest and foreign exchange rates, the volatility of global equity and capital markets, business competition, technological change, changes in government regulations, changes in tax laws, unexpected judicial or regulatory proceedings, catastrophic events. The foregoing list of important risks, uncertainties and assumptions is not exhaustive. Undue reliance should not be placed on forward-looking statements.
PIMCO Canada assumes no obligation to update any forward-looking information contained herein. Forward-looking information contained on this Site is current only as of the date the statement was made. There should not be an expectation that such information will be updated, supplemented or revised whether as a result of new information, changing circumstances, future events or otherwise.
Copyright and Trademarks
This Site (including the software and files), the computers hosting this Site, and Content and Data provided on this Site, are the exclusive property of PIMCO Canada or its affiliates (together the “PIMCO Companies”) or are licensed to the PIMCO Companies, and are protected by applicable law, including the applicable jurisdictions’ copyright, database, trade secret, and trademark law, as well as other provincial, national, and international laws and regulations. PIMCO is a trademark or registered trademark of Allianz Asset Management of America LLC in the United States and throughout the world. The PIMCO Companies reserve all rights with respect to Site Content and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms of Use, the PIMCO Companies do not grant any express or implied rights to you. All rights in the pages and Site Content are owned by the PIMCO Companies and their respective licensors. You agree not to sell, distribute, publish, broadcast, circulate or commercially exploit Site Content in any manner without the express written consent of the PIMCO Companies. Any use of Content other than as permitted herein is expressly prohibited without the prior permission of the PIMCO Companies and/or the relevant rights holder in writing. Any downloading or otherwise copying from this Site will not transfer title to any software or material to you. Unless otherwise noted, PIMCO Canada, PIMCO, and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity of the respective PIMCO Company’s ownership of, such copyrights, trademarks or any other intellectual property of any PIMCO Company, or assist any third party in doing so.
Grant of License
PIMCO Canada grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms of Use. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal, scholarly, research or non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to the PIMCO Companies in a form and manner acceptable to us. For information on obtaining permission to use any Content beyond the uses permitted above, please contact PIMCO Canada – 199 Bay Street, Suite 2050
Commerce Court Station, PO Box 363, Toronto, Ontario, Canada, M5L 1G2 1-866-341-3350. Any unauthorized use of this Site or the Content will terminate the permission granted herein and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
PIMCO Canada
In providing advisory services to its mutual funds and to its institutional Canadian clients, PIMCO Canada draws on the expertise of Pacific Investment Management Company LLC (“PIMCO”), by entering into sub-advisory relationships with PIMCO to provide PIMCO Canada with portfolio management services. PIMCO Canada will exercise the degree of care, diligence and skill that a reasonably prudent person would exercise in the circumstances and will be responsible for any loss that arises out of the failure of its sub-adviser. No other PIMCO entity is registered as an adviser or dealer in Canada; however, PIMCO may retain affiliated entities as sub-advisers for Canadian clients or may offer the products of affiliated entities to Canadian clients in its exempt market dealer role.
Mutual Funds
Each mutual fund has a simplified prospectus, which contains important information about the fund, including its investment objective, purchase options and applicable charges. You should read the prospectus of the funds before investing in the funds. You can obtain the applicable simplified prospectus from your financial adviser, from the PIMCO Canada website, or by calling 1-866-341-3350. Management fees, expenses, commissions and trailing commissions all may be associated with mutual fund investments. The funds’ fees are discussed in the prospectus.
Unless otherwise indicated and except for returns for periods less than one year, the indicated rates of return are the historical annual compounded total returns including changes in security value. All performance data assume reinvestment of all distributions or dividends and do not take into account sales, redemption, distribution or optional charges of income taxes payable by any security holder that would have reduced returns. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. Mutual fund securities are not insured by the Canada Deposit Insurance Corporation or by any other government deposit insurer.
Institutional Services / Products
The institutional products described on this Site are available only to “accredited investors” (as defined in National Instrument 45-106 Prospectus Exemptions) who are resident in Canada, and, where applicable, who purchase through dealers registered in their province or territory of residence on the basis of an exemption from the prospectus requirements of Canadian securities laws. The advisory services described on this Site are available only to “accredited investors” and only in those jurisdictions where PIMCO Canada is registered, or exempt from the requirement to be registered, to provide such services.
No Reliance
Although PIMCO Canada has taken reasonable care to ensure that the information contained within this Site is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness by the PIMCO Companies. Certain resources available herein rely on third party information. PIMCO Canada has not independently verified the third party data. The PIMCO Companies are not liable to you for the accuracy or completeness of any Site Content or third party Content. Those viewing the content should not rely on it for any investment or other purposes. Opinions and any other contents at the Site are provided by PIMCO Canada for personal use and informational purposes only and are subject to change without notice. Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. The PIMCO Companies shall not be liable to you or any third party for any damages arising from any actions or investment decisions taken by you based on the accuracy of the data presented through this site.
No Warranty
The information and opinions contained on this Site, including hyperlinks or references to other sites, are provided ‘as is’ without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. You are responsible for evaluating the adequacy, accuracy, reliability, merchantability, non-infringement, completeness of any information or the content available on the Site or fitness for any particular purpose with respect to the site or any of its content. The PIMCO Companies further assume no responsibility for, and make no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available will be free of viruses or other harmful components. The Site, Data, and Content have been prepared based upon sources, materials, and systems believed to be reliable and accurate, and are provided to you on an “as is” and “as available” basis. PIMCO Canada content providers make no representations, and disclaim all expressed, implied, and statutory warranties of any kind to you or any third party, including but not limited to representations and warranties regarding accuracy, timelines, completeness, merchantability, fitness for any particular purpose, non-infringement of third-party rights, and freedom from computer viruses. PIMCO Canada content providers and other providers assume no responsibility for the consequences of any errors or omissions in, or delay or inability to access, the Site, Data, or Content. The PIMCO Companies also disclaim responsibility for damages third parties may cause to you through the use of this Site, whether intentional or unintentional. No advice or information, whether oral or written, obtained from PIMCO Canada (outside of a formal written agreement) or through the Site, Data or Content will create any warranty not expressly made in these Terms of Use. PIMCO Canada reserves the right to cease providing, or to change, the Site, Data or content (or any portion or feature thereof) at any time or frequency and without notice.
Guard Your Password and Information
You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You are to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. If you suspect any unauthorized use of your password, please contact your PIMCO Canada representative and request to have your password changed. Failure to comply with these requirements may result in PIMCO Canada revoking your access to the Site.
Fair Practices
You agree not to: (i) make any representations, warranties or guarantees on PIMCO Canada’s behalf or with respect to the Site, Content or Data; (ii) make any false or misleading representations with regard to PIMCO Canada, the Site, Data or Content; or (iii) participate or engage in any illegal, deceptive, misleading, unethical, or improper practices.
Liability Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIMCO CANADA OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, REGISTERED REPRESENTATIVES OR EMPLOYEES (COLLECTIVELY, THE “PIMCO CANADA PARTIES”), NOR ANY THIRD PARTY VENDOR, BE LIABLE OR HAVE ANY LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING LOST PROFITS ARISING OUT OF, RELATED TO, OR IN ANY WAY IN CONNECTION WITH YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR RELIANCE ON THE CONTENT, OR ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH THE SITE, REGARDLESS OF OUR KNOWLEDGE THEREOF. THE SAME IS TRUE FOR ANY CONTENT APPEARING ON ANY OF PIMCO WEBSITES.
The PIMCO Canada Parties exclude all warranties or conditions of any kind, whether express, implied or statutory in connection to the website, any site content, third party content and any software that may be downloaded from the Site.
None of the PIMCO Canada Parties guarantees the timeliness, accuracy, reliability, completeness, or usefulness of any aspect of the Site. None of the PIMCO Canada Parties warrants that this site or downloads will meet your needs or expectations, or be uninterrupted, secure or error free or that this site, its server or any files available for downloading through this site are free of computer viruses or other harmful elements.
You expressly agree that the entire risk as to the quality and performance of this Site and the timeliness, usefulness, accuracy or completeness of the site is assumed solely by you. All of the PIMCO Canada parties hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, regarding this Site, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, all of the PIMCO Canada parties disclaim any warranties with respect to any results that may be obtained from the use of this site.
Further, the PIMCO Canada parties will not be responsible for any failure to comply, by you or any third party, with the Terms of Use or with applicable federal, provincial and local laws. These limitations of liability will apply regardless of: (i) any negligence or gross negligence of PIMCO Canada, its respective affiliates, directors, officers, registered representatives, employees, or third party vendors and service providers, (ii) whether the liability sounds in negligence, strict liability, contract, tort (including negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose. Your sole remedy for dissatisfaction with your use of our site is to stop using the Site.
The same is true for any content appearing on any of the PIMCO Companies websites.
Indemnity
You agree to indemnify, defend, and hold the PIMCO Parties harmless from any direct and third party claims, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of, related to, or in connection with your use of the Site, your violation of these Terms of Use, or your violation of any rights of a third party.
Events Beyond The PIMCO Companies’ Control
You expressly absolve and release each PIMCO Company from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, pandemic or epidemic, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.
Linked Sites
Certain hyperlinks or referenced websites on the Site may for your convenience forward you to third parties’ websites, which generally are recognized by their top level domain name. Any descriptions of, references to, or links to other products, publications or services does not constitute an endorsement, authorization, sponsorship by or affiliation with the PIMCO Companies with respect to any linked site or its sponsor, unless expressly stated by a PIMCO Company. Any such information, products or sites have not necessarily been reviewed by PIMCO Canada and are provided or maintained by third parties over whom PIMCO Canada exercises no control. PIMCO Canada expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. PIMCO Canada reserves the right to terminate any hyperlink or hyperlinking program at any time.
User Representations
You represent and warrant to PIMCO Canada that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites.
Responsibility for Connectivity
You agree that you are responsible for the means that you use to access the Site and understand that your hardware, software, the internet, your internet service provider, and other third parties involved in connecting you to our Site may not perform as intended or desired.
Usage Monitoring
We reserve the right, but do not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site, and your communications. By using the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, you accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the site, 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 Site usage and enforce, or fail to enforce, these Terms of Use. You further agree that in no event will the PIMCO Canada parties be liable for any damages incurred by you as result of our usage monitoring.
Information Submitted By You
You should not submit any confidential or proprietary information via the Site. All information or material submitted through the Site will be deemed to be the property of PIMCO Canada. By submitting any information or material to us through the Site, you grant us an unrestricted, irrevocable license to use, disclose, reproduce, display, perform, modify, transmit and distribute those materials or information. You also agree that PIMCO Canada is free to use for any purpose any ideas, concepts, know-how or techniques that you submit to us through the Site. PIMCO Canada shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by PIMCO Canada having a direct customer relationship or as otherwise specifically agreed or required by law.
You can find more information about how we use and store content and about the collection and use of personal information by reviewing our Online Privacy Notice.
Jurisdiction, Severability
Any action arising out of these Terms of Use or the Site shall be litigated in, and only in, courts located in Ontario, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are a convenient forum for you. The Terms of Use will be governed and interpreted under the laws of the province of Ontario and the federal laws of Canada applicable therein.
If any provision of these Terms of Use is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.
Failure by PIMCO Canada to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.
You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any of the Sites to countries or persons prohibited under the export control laws of Canada.
Termination
You, acknowledge and agree that PIMCO Canada may restrict, suspend or terminate the Terms of Use or your access to, and use, of all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in PIMCO Canada’s absolute direction and without prior notice. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following sections of these Terms of Use shall survive termination of your use or access to the Site: “No Warranty”, “Liability Waiver”, “Indemnity”, “Jurisdiction, Severability”, “Termination”, and any other section that by its terms or by reasonable inference survives termination of your use of or access to the Site.