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Legal Advisory and Conditions of Use: This document (“Agreement”) sets out the terms and conditions governing access to and use of the website (“Website”) of Equicapita Income LP and associated entities (collectively, “Equicapita”), including all information, data, software, computer code, content and web pages contained in it (“Content”). Users of this Website (“Users”) are therefore required to read this Agreement carefully and, if you do not accept the terms and conditions set out in this Agreement, you should not use this Website and should leave it immediately.
The following are the terms and conditions of a legal agreement between you and Equicapita. By viewing, accessing, downloading, experiencing or otherwise using this Website or any of the Content, you represent, knowing that Equicapita is relying on such representation, that you have read and understood the terms and conditions of this Agreement and you confirm, in consideration of Equicapita granting you access to this Website, that you have accepted and agreed to such terms and conditions.
Investment Decisions: Material contained in or accessible through this Website is for information purposes only and is not intended to and does not constitute an offer to sell or a solicitation of an offer to buy securities in any jurisdiction, nor should it be used for the purpose of making investment decisions with respect to Equicapita’s securities. While the information presented in this Website has been researched and is thought to be reasonable, in general, an investment in Equicapita is speculative, prices can go up but they can also go down, and thus Equicapita AND/OR ITS AGENTS CANNOT AND DO NOT GUARANTEE ANY RATE OF RETURN OR INVESTED AMOUNT OR INVESTMENT TIMELINE. You acknowledge and agree that Equicapita and/or its agents are not in the business of investment advice and are not classified, or presenting themselves as experts but are only preliminary information providers.You should not rely on any opinion or other information set out in the Website or any website accessible through this Website when making business, financial, personal or other decisions. Equicapita and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessed through the Website. Equicapita is subject to the securities laws of various jurisdictions. Information disclosed or provided by Equicapita pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website. Equicapita does not assume any duty of disclosure beyond that which is required by applicable law.
Accuracy of Information: While any information and material contained in the Content are reasonably believed by Equicapita to be accurate and complete in all material respects at the time of posting, and although Equicapita makes reasonable efforts to ensure that all such information and material remain current, accurate and complete, Equicapita accepts no liability, responsibility or obligation whatsoever to post, update, amend, review or remove such information, material or the Content or any portion thereof except as may be required by applicable law. You acknowledge that such facts, information and material may change quickly and without notice and that such changes will take time to be posted on the Website, if they are posted at all. Equicapita may, at its sole discretion, post, delete and amend Content without notice.
Forward Looking Statements: Certain statements in this Website, including assessments by management of Equicapita of future plans and operations, may constitute forward looking statements within the meaning of applicable securities laws. These forward-looking statements can generally be identified by words such as ‘believes’, ‘anticipates’, ‘expects’, ‘plans’, ‘estimates’ or words of a similar nature.The forward-looking statements are based on current expectations and are subject to known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Equicapita to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include, among others: risks associated with the ownership and operation of businesses, including fluctuations in interest rates and the economic cycle; the ability to obtain and maintain customers; general economic conditions; local real estate markets; supply and demand for businesses; competition for available businesses that may have greater financial and capital resources than Equicapita; credit and financial stability; weather; the price of commodities; changes in legislation and the regulatory environment; and international trade and global political conditions. The impact of any one factor on a particular forward-looking statement is not determinable with certainty as such factors are dependent upon other factors, and management’s course of action would depend upon its assessment of the future considering all information then available.These statements speak only as of the date of such information as the case may be, and may be superseded by subsequent events. Readers are cautioned that the foregoing list of factors is not exhaustive. For further information on risks or any material assumptions utilized in making these forward-looking statements refer to the offering document of each of the Equicapita entities under the heading “Risk Factors”. Although Equicapita believes that the expectations conveyed by the forward-looking statements are reasonable based on information available to it on the date such forward-looking statements are made, no assurances can be given as to future results, levels of activity and achievements. All forward-looking statements, whether written or oral, attributable to Equicapita or persons acting on its behalf are expressly qualified in their entirety by these cautionary statements. Equicapita assumes no obligation to update forward-looking statements should circumstances or management’s estimates or opinions change.
Exclusion of Liability: Users are required to conduct their own investigations, analysis, due diligence, draw their own conclusions, and make their own decisions. Any areas concerning taxes or specific legal or technical situations should be referred to lawyers, accountants, consultants, realtors, or other professionals licensed, qualified or authorized to render such advice.You acknowledge and agree that Equicapita and/or its officers, agents, shareholders, servants, or employees do not assume and hereby disclaim any liability to any party for any loss or damage caused by the use of the information contained herein (or errors or omissions in the information contained herein) to make any investment decision, whether such errors or omissions result from negligence, accident or any other cause.
IN NO EVENT SHALL EQUICAPITA, OR ITS OFFICERS, AGENTS, SHAREHOLDERS, SERVANTS, OR EMPLOYEES BE LIABLE TO ANY USER FOR DAMAGES WHATSOEVER, AND HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF OPPORTUNITIES OR INFORMATION, ECONOMIC LOSS, OR FOR ANY LOSS OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR THE CONTENT, WITH ANY SOFTWARE ALGORITHMS AVAILABLE THEREON NOR WITH ANY HYPERLINKED WEB SITE OR FOR USE THEREOF OR INABILITY TO USE BY INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF EQUICAPITA AND/OR ITS OFFICERS, AGENTS, SHAREHOLDERS, SERVANTS, OR EMPLOYEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. EQUICAPITA AND/OR ITS AGENTS SPECIFICALLY DISCLAIM ANY GUARANTEES, INCLUDING, BUT NOT LIMITED TO, STATED OR IMPLIED POTENTIAL PROFITS OR RATES OF RETURN OR INVESTMENT TIMELINES.
Software algorithms made available and hyperlinks to other internet resources are used at your own risk. The content, accuracy, opinions expressed, and other links provided by these software algorithms and resources are not investigated, monitored, or endorsed by Equicapita.
Copyright: All material on this Website is protected by copyright. This Agreement grants to you a limited license to view, access, download, experience and use the Website and the Content but conveys no ownership or proprietary interest of any kind therein. Equicapita grants to you a license to download one copy of materials published by Equicapita on this Website on any single computer for your personal, non-commercial use only, provided that you do not remove or alter any copyright or other proprietary notices. Except as may be expressly authorized by Equicapita, any reproduction, modification or distribution of the Website materials or Content is strictly prohibited. Except as otherwise noted, the logos, icons, graphics, designs, names, trade names, trademarks or service marks displayed on this Website belong to Equicapita or other third parties and may not be used without Equicapita’s written permission.
Submission of Information: Although Equicapita will make reasonable efforts to maintain any information provided by Users or other parties in confidence, you agree that any information provided or sent to Equicapita through this Website will not be considered to be private, confidential or proprietary and will not be accepted as such by Equicapita. By submitting information to Equicapita through this Website, you agree that such information is provided by your full consent and is not private, confidential or proprietary and that subject to any applicable law, Equicapita will be free to use such information as it sees fit or as may be required by law. You assign any copyrights in or to the contents of any information you send to Equicapita and you waive any and all moral rights thereto. Equicapita shall be at liberty to freely use, without payment of any compensation, any improvement, suggestion, invention or innovation you may send to Equicapita.
Software Available on the Website: Software that is made available to download from the Website is the copyrighted work of Equicapita or third party vendors. Your use of the software is governed by the terms of the end user license agreement that accompanies or is available with the software. You may not install or use the software unless you first agree to the terms and conditions of the license agreement.
Links to Third Party Websites: Equicapita does not control any third party website and is therefore not responsible for the content of any linked website, the functioning or availability of any such website, or any link contained in a linked website. Equicapita provides such links only as a convenience and the inclusion of any link does not imply, confirm or signify any endorsement, investigation or verification by Equicapita of the linked website or information contained therein and Equicapita makes no warranty.
Governing Law: This Agreement shall be construed and governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, and shall be deemed to be a contract made in Alberta. You agree that any dispute arising under this Agreement, or out of the Website, or out of the Agreement shall be litigated only in the Courts of the Province of Alberta and you attorn to the exclusive jurisdiction of the Courts of Alberta.
Amendment and Updating: Equicapita may amend these terms and conditions from time to time without notice and at its sole discretion. By using this Website, you confirm and agree that you are bound by the most current terms and conditions of this Website and agree to periodically review this Agreement to determine the most current terms and conditions and, if the same are not acceptable, you agree to immediately cease using this Website.
1) 2020 forecasted EBITDA (Earnings Before Interest, Taxes, Depreciation and Amortization) – includes EBITDA from all 12 portfolio companies (net of minority interests), but normalized to exclude one-time costs such as transactions costs, legals, etc.
2) Sales includes franchise level sales
3) Assets Under Management (“AUM”) – based on a fairness opinion included in the information circular for the vote with respect to the extension of Equicapita held on March 15, 2019. and valuation of subsequent acquisitions to Dec 31 2019
4) SME market opportunity chart on “Investment Approach” page – Sources: Globe and Mail, CFIB, BDC, StatsCan, Conference Board of Canada, “1” Medium enterprise, “2” annual sales as percent of GDP
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