BMG Legal Terms of Use

Investment Warning

This website (the “BMG Website”) is provided solely for informational purposes by the BMG Group of Companies (which consists of Bullion Management Group Inc., and its wholly-owned subsidiaries, Bullion Management Services Inc., Bullion Marketing Services Inc., BMG DSC Inc., Bullion Management Group (Asia) Limited and Bullion Custodial Services Inc. and its wholly-owned subsidiary, International Bullion Sales Corporation) (collectively, “BMG”).  The information contained on the BMG Website, including these Terms of Use are subject to change without notice.

No information on the BMG Website or linked to the BMG Website is intended to constitute legal, financial, tax, accounting or investment advice and should not be relied upon for any such purpose or purposes.  Please consult with your own professional advisor regarding your particular circumstances.

Nothing on the BMG Website should be considered an offer to sell or a solicitation to buy units of the BMG BullionFund, or BMG Gold BullionFund (the “BMG Funds”). Important information about the BMG Funds, including their investment objectives and strategies, purchase options,  applicable management fees, performance fees (if any), and other charges and expenses are contained in their respective simplified prospectus or offering memorandum (as applicable). The prospectus contains important information about the BMG Funds and should be read carefully before investing in units of the BMG Funds. For additional details on the BMG Funds, please contact your financial advisor directly or please review the prospectuses for the BMG Funds and other disclosure on the Fund’s profile on SEDAR (www.sedar.com).

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Non-Canada Investors

Commissions, trailing commissions, management fees and expenses all may be associated with an investment in units of the BMG Funds. Please read the prospectus of the BMG Funds before investing. The indicated rates of return on the BMG Website are the historical annual compounded total returns of the BMG Funds including changes in unit value and reinvestment of all distributions and do not take into account sales, redemption, distribution or optional charges or income taxes payable by an investor that would have reduced returns. Investors should be aware that the BMG Funds are not guaranteed their value changes frequently and past performance may not be repeated.

The views expressed on the BMG Site pertaining to any specific security, company, industry or sector are strictly the views of that individual and do not necessarily represent the views of BMG or its affiliated entities and should not be interpreted as a recommendation to buy or sell. Any such views are subject to change at any time based upon market conditions and other factors, and BMG disclaims any responsibility to update such views.

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Use of BMG Site

The BMG Site is made available to you for your lawful, personal, non-commercial use only. You may print or download website pages for your personal, non-commercial use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification marks, notices or disclaimers. You may not use the BMG Site and its content for any purpose or in any other way. In particular, the website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of BMG.

Information contained on the BMG Site is believed to be accurate and reliable when placed on the BMG Site, however, we cannot guarantee that it is accurate or complete or current at all times. The information provided is subject to change without notice and BMG cannot be held liable for any loss arising from any use of or reliance on the information contained on the BMG Site.

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International Use

BMG makes no representation or warranty that content on the BMG Site (the “Content”) is appropriate or available for use at any locations outside of Canada.  Accessing the Content from locations where their contents are illegal is prohibited.  Those who choose to access the BMG Site from other locations do so on their own initiative and are responsible for compliance with local laws.

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Internet e-mail

E-mail over the internet is not a secure medium and privacy cannot be assured. BMG will not be responsible for any harm or damage you may experience or incur by sending personal or confidential information to BMG over the internet by e-mail, or if we send such information at your request. Please refer to BMG’s privacy policy for more information.

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User names and passwords - the Advisor Site

Individuals receiving user names and passwords from BMG to use the “Advisory only” portion of the BMG Site (the “Advisor Site”) shall maintain the confidentiality of such names and passwords, immediately advise BMG of any unauthorized use of such user names, passwords and other breaches of security, and are fully responsible for all activities arising from the use of such user names and/or passwords. BMG will not be liable for any unauthorized use of any user names or passwords. By obtaining or using a user name or password to access the Advisor Site, you will be representing that you are registered as a dealer or a salesperson, partner or officer of a registered dealer. BMG may, at any time and for any reason in its sole discretion, cancel or restrict your use of the Advisor Site, or any part of it, without notice.

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Copyright

The Content is protected by Canadian and worldwide copyright laws and treaty provisions.  Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action.  You agree to comply with all copyright laws worldwide in your use of the BMG Site and to prevent any unauthorized copying of the Content.

Any software, as well as any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through the BMG Site is the copyrighted work of BMG or its licensors.  Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

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Trade-marks and trade names

Certain names, graphics, logos, icons, designs, words, titles and phrases on the BMG Site, including without limitation ‘BMG’ constitute trade-marks, trade names, trade dress and associated products and services of BMG or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on the BMG Site does not convey or create any license or other rights in the Marks.  Any use of any of same, in whole or in part, without prior written authorization of BMG is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on the BMG Site may be the trademarks of their respective owners.  The display of these trade-marks, trade names, trade dress and associated products and services on the BMG Site does not convey or create any license or other rights in these trademarks or trade names.  Any unauthorized use of them is strictly prohibited.

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Linked third-party sites

Certain links on the BMG Site may take you to other web sites.  BMG provides these links only as a convenience. BMG is not responsible for the content of any such linked pages.  BMG makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described.

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Linking to BMG Site

Links to the BMG Site without the express written permission of BMG are strictly prohibited. To request permission to link to the BMG Site, please contact our Client Relations Department by e-mail to info@bmgbullion.com. The framing, mirroring, scraping or data-mining of this website or any of its content in any form, and by any method, is strictly prohibited.

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Disclaimer

You acknowledge and agree that the Site (including without limitation the Content) is provided on an “AS IS” basis; and that any use of, or reliance on the Site shall be at your sole risk. BMG and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade.  For greater certainty, BMG does not warrant that the BMG Site will continue to operate, operate without interruptions, or be error-free.

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Limitation of Liability

You agree that in no event will BMG or any of its affiliates have any responsibility or liability in connection with the BMG Site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the BMG Site, the content, any content of any linked web site, or failure of such web sites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such web sites or content, or the transmission of confidential or sensitive information to or from such web sites) even if BMG or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.

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Indemnity

You agree to defend, indemnify and hold harmless each of BMG and all its employees, agents, officers, and directors, and all third parties mentioned on the BMG Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the BMG Site and the Content or your breach of these Terms of Use.

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General

No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to, or waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

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Choice of Law

This website and its terms are governed by the applicable laws of the Province of Ontario, Canada. All disputes arising from these terms must be resolved exclusively by the courts of the Province of Ontario.

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Forward-Looking Statement

Certain statements in the BMG Site are “forward-looking statements” which reflect BMG’s expectations regarding future growth, supply and demand of assets, any appreciation in the value of assets, results of operations, performance and business prospects and opportunities. Wherever possible, words such as “may”, “would”, “could”, “will”, “anticipate”, “believe”, “plan”, “expect”, “intend”, “estimate”, “aim”, “endeavour” and similar expressions have been used to identify these forward-looking statements. Such forward-looking statements reflect BMG’s current beliefs with respect to future events and are based on information currently available to BMG. Forward-looking statements involve significant known and unknown risks, uncertainties and assumptions. A number of factors could cause actual results, performance or achievements to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking statements including, without limitation, those risks and uncertainties discussed elsewhere on the BMG Site. Should one or more of these risks or uncertainties materialize, or should assumptions underlying the forward-looking statements prove incorrect, actual results, performance or achievements could vary materially from those expressed or implied by the forward-looking statements contained in the BMG Site. These factors should be considered carefully and prospective investors should not place undue reliance on these forward-looking statements. Although the forward-looking statements contained on this website are based upon what BMG currently believes to be reasonable assumptions, BMG cannot assure prospective investors that actual results, performance or achievements will be consistent with these forward-looking statements. These forward-looking statements are made as of the date of inclusion on the BMG Site, and BMG does not intend, and BMG does not assume any obligation, to update or revise these forward-looking statements to reflect new events or circumstances.

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Transfer of Information over International Borders

As the Internet is worldwide if you are visiting the BMG Site from outside Canada your visit will necessarily result in the transfer of information across international borders. By visiting the BMG Site and communicating electronically with us, you are consenting to these transfers.

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Questions on Terms of Use

No information on the BMG Website or linked to the BMG Website is intended to constitute legal, financial, tax, accounting or investment advice Should you have any questions regarding the Terms of Use, please contact BMG either by writing to us at Bullion Management Group Inc., 60 Renfrew Drive, Suite 280, Markham, Ontario, L3R 0E1, or by completing our contact form.

Updated May 30, 2013

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