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MD ExO Direct (MD Management Limited):
Terms and Conditions for Use

MD ExO Direct is offered by MD Management Limited ("MD"), when you access our website at mdexodirect.mdm.ca ("our website") as a User, you're agreeing to be bound by the following Terms of Use, and, if you've elected to become a Client, the Digital Managed Account Agreement (the "DMAA.")

For the purpose of this agreement a User is an individual who uses our website to evaluate our service, or for educational purposes and a Client is an individual who signs our Digital Managed Account Agreement that entitles the Client to have her or his investment portfolio managed by MD Management Limited.

This Agreement, as well as the Privacy Policy applies to both Users and Clients. If you elect to become a Client, you will be subject to these Terms of Use, our DMAA, our Privacy Policy and any additional terms to which you agree when you create and fund an account on MD ExO Direct.

Your Access

You will be able to access your account "User Account" online only. During registration, you will be requested to provide your email address, which will be your username. An email will be sent on the same email address with instructions to create your password, which you will be required to use to access your User Account in the future.

Performance Data and Mutual Funds

Performance data represents past performance and is not necessarily indicative of future performance. Unit/share values, yields and investment returns will fluctuate. To obtain further information about the MD Family of Funds please call us at 1 877 431-0330, or send an email to mdexodirect@md.ca.

Transaction Requests

You hereby authorize us to accept all any requests to deposit and/or withdraw from your account that is created and transmitted to us using MD ExO Direct ("Transaction requests.") and you agree to be solely responsible for the accuracy of any transaction requests given by you using MD ExO Direct. All Transaction Requests are subject to verification and acceptance by us. We will not verify whether there are sufficient funds from an account held outside of MD to complete the transaction ordered prior to processing or investing deposited funds. You are responsible for any penalties or fees associated with the transaction levied by the transferring institution. In certain circumstances we may request additional confirmation of any order request before execution of same, however, we may, at our sole discretion, act upon all instructions given or purported to be given by you or on your behalf in respect to an order request and we shall not incur any liability by reason of our acting or our failure to act on such Transaction Request. You acknowledge that we may record all Transaction Requests.

Alerts, Notifications and Service Communications

By creating an account on MD ExO Direct or initiating the process to create an account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.

Disclaimer Warranties

Your use of MD ExO Direct, and the personal information you provide is at your sole discretion and risk. The information provided on MD ExO Direct is read only information and is for informational purposes only. Although we believe this information to be correct, and attempt to keep content on MD ExO Direct current, we do not warrant the accuracy or completeness of any information on MD ExO Direct. MD provides MD ExO Direct and the Information on an "as is, where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to MD ExO Direct or the information therein, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or 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. No advice or information, whether oral or written, obtained by you from MD, shall create any warranty not expressly stated in this agreement. If you choose to rely on such information, you do so solely at your own risk.

MD ExO Direct is provided to the Client to give access to: (i) general educational content that is not tailored to the Client; (ii) the Client's account information posted on MD ExO Direct; and (iii) daily transactional information about the Client's account. The Client acknowledges and agrees that daily transactional information and any information about the composition of the model portfolios that may be posted on MD ExO Direct are only in respect of the Client's account and cannot be used for any other purposes, including for any other investment purpose.

MD, its affiliates, information or content providers shall have no liability for any investment decisions based on the information provided on MD ExO Direct. Additionally, there are no warranties as to the results the Client obtains from the Client's use of the information provided on MD ExO Direct for any other purpose other than in connection with understanding the Client's account.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers or any other user of MD ExO Direct, are those of the respective author(s) or distributor(s) and not of MD.

Limitation of Liability

In no event shall MD, its affiliates, subcontractors or any of thier respective officers, directors, employees, or agents be liable to you for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of business revenue or failure to realize expected savings arising out of or in connection with your use of MD ExO Direct, content and/or user information, including but not limited to the quality, accuracy, or utility of the information provided as part of or through MD or for any investment decisions made on the basis of such information, whether the damages are foreseeable and whether or not MD has been advised of the possibility of such damages.

This disclaimer of liability applies to any damages or injury (but only, to the extent permitted by applicable law) caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. The client specifically acknowledges that MD Management is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing (but only, to the extent permitted by applicable law) rests entirely with the client.

Termination of your Account

You may request termination of your User Account at any time and for any reason by sending an email to mdexodirect@md.ca.

We may terminate or suspend your access to MD ExO Direct, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a User who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.

Any suspension, termination, or cancellation shall not affect your obligations to MD under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Your Responsibilities

MD has physical, electronic and procedural safeguards to guard Users' and Clients' non-public personal information, however you are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify MD immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree that the information you provide to us on account registration through MD ExO Direct will be true, accurate, current, and complete. We may, without notice, temporarily suspend your access to MD ExO Direct by deactivating your online access if we reasonably suspect that you are using our computer system to obtain unauthorized access to our other systems or information or in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of the suspected activity. We may terminate access immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

In accessing and using MD ExO Direct you agree to:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
  • Use the services solely for your personal, non-commercial use;
  • Use your real name on your profile and keep your password confidential;
  • Take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools; and
  • Ensure that you have a complete, current and secure back-up of information on your computer or other devices that you may use to access MD ExO Direct.

You further agree you will not:

  • Circumvent, disable, or otherwise interfere with security-related features of MD ExO Direct or features that prevent or restrict use or copying of any content or User information;
  • Upload, email, transmit, provide, or otherwise make available:
    • any User information which you do not have the lawful right to use, copy, transmit, display, or make or by providing to MD would violate any confidentiality or fiduciary obligations that you might have with respect to the User information; or
    • any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party ; or
    • unsolicited or unauthorized advertising, promotional materials or any other form of solicitation; or
    • any personal information that is objectionable in the sole discretion of MD; or
    • any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to MD ExO Direct; or
    • any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
  • Interfere with or disrupt (or attempt to interfere with or disrupt) any web page, server, or network, or the technical delivery systems of MD's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to MD ExO Direct.
  • Attempt to probe, scan, or test the vulnerability of any MD system or network or breach or impair or circumvent any security or authentication measures protecting MD;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide MD ExO Direct;
  • Violate the terms of service or any other rule or agreement applicable to you or MD's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
  • Collect or store personal information about other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
  • Solicit any User for any investment or other commercial or promotional transaction;
  • Violate any applicable law, regulation, or ordinance;
  • Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders";
  • Copy or use the information, content or data on MD ExO Direct in connection with a competitive service (as determined by MD);
  • Monitor MD ExO Direct's availability, performance or functionality for any competitive purposes; or
  • Use MD ExO Direct or content thereon in any manner not permitted by these Terms of Use.
  • Trade-mark and Copyright Issues
  • Certain names, words, titles, phrases, logos, icons, graphics or designs on MD ExO Direct may constitute trade names, trade-marks or service marks of MD, The Bank of Nova Scotia or entities related or affiliated therewith, the use of which may have been licensed among them. The display of trade-marks on MD ExO Direct does not imply that a license of any kind has been granted to anyone else. Other marks are trade-marks of other companies, which trade-marks MD or its related and affiliated entities are licensed to use in advertising selected products and services. Certain other names, logos, designs, titles and words are trade-marks and trade names of entities other than MD and its related entities and affiliates, which may be registered in certain jurisdictions. All information found on MD ExO Direct is protected under the copyright laws of Canada and in other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce and republish, in any form, any information found on this Site.

Certain names, words, titles, phrases, logos, icons, graphics or designs on MD ExO Direct may constitute trade names, trade-marks or service marks of MD, The Bank of Nova Scotia or entities related or affiliated therewith, the use of which may have been licensed among them. The display of trade-marks on MD ExO Direct does not imply that a license of any kind has been granted to anyone else. Other marks are trade-marks of other companies, which trade-marks MD or its related and affiliated entities are licensed to use in advertising selected products and services. Certain other names, logos, designs, titles and words are trade-marks and trade names of entities other than MD and its related entities and affiliates, which may be registered in certain jurisdictions. All information found on MD ExO Direct is protected under the copyright laws of Canada and in other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce and republish, in any form, any information found on this Site.

General Terms

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of MD, and any prohibited assignment will be null and void.

MD may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other.

We reserve the right to change this Agreement by posting a revised Terms of Use. If you don't agree with these changes, you must stop using MD ExO Direct.

This Agreement has been drafted in the English language at the express request of the parties. Les parties ont exigé que le présent contrat soit rédigé en anglais.

MD is only available for use in Canada. We make no representation that MD is appropriate or available for use outside Canada. Similarly, we make no representations that accessing MD ExO Direct from locations outside Canada is legal or permissible by local law. If you access MD ExO Direct from areas outside Canada, you do so at your own risk and are yourself responsible for compliance with local laws.

This Agreement is the entire agreement between you and us with respect to MD ExO Direct, and your use of our website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any claims arising from the use of the Site shall be heard in a court or tribunal in Canada.

MD Management Limited

Registered Retirement Savings Plans, Retirement Income Funds, Registered education savings plans (RESPs) and tax-free savings accounts (TFSAs) are provided by MD Management Limited through our carrying broker, Fidelity Clearing Canada (FCC.)