Terms and Conditions

This website, www.askchemtrade.ca, is owned and operated by Chemtrade Logistics Inc., the operating subsidiary of Chemtrade Logistics Income Fund (the “Fund”). References to “Chemtrade”, “we”, “us” or “our” refers to the Fund, Chemtrade Logistics Inc., and its subsidiaries.  These terms and conditions (the “Terms”) regulate your use of the website.

By using this website, you agree to be bound by these Terms, including compliance with our Privacy Policy, available at www.askchemtrade.ca/privacy-policy. 

Legal Notice

Material contained in this website is for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any securities of the Fund, or any other entity, in any jurisdiction. Investors are advised to make investment decisions based on their own judgment and only after reviewing the Fund’s securities filings. Accordingly, investors should review the Fund’s most recent public disclosure documents with securities regulatory authorities on SEDAR.

Although Chemtrade exercises reasonable commercial efforts to ensure that the information in this website is accurate, the information provided may be delayed, and may contain inaccurate or incomplete statements. Chemtrade makes no guarantee whatsoever regarding the timing, accuracy, completeness, or reliability of posted content. In addition, Chemtrade assumes no responsibility whatsoever for any loss or damage arising from or in connection with use of this website, regardless of the reason, including the use of posted information, any errors in the information, or the transmission of data. Chemtrade may alter or omit the content of this portion of the website without prior notice.

In this website, all amounts are in Canadian dollars, unless otherwise indicated. Any graphs, tables or other information demonstrating the historical performance of Chemtrade or any other named entity are intended only to illustrate past performance of such entities and are not necessarily indicative of future performance of Chemtrade or such other entities.

Forward-Looking Statements and Information

This website may contain certain statements that constitute forward-looking statements within the meaning of certain securities laws, including the Securities Act (Ontario). Forward-looking statements can be generally identified by the use of words such as “anticipate”, “continue”, “estimate”, “expect”, “expected”, “intend”, “may”, “will”, “project”, “plan”, “should”, “believe” and similar expressions.  These statements are based on assumptions and involve known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those anticipated in such forward-looking statements for a variety of reasons, including without limitation the risks and uncertainties detailed under the “RISK FACTORS” section of the Fund’s latest Annual Information Form and the “RISKS AND UNCERTAINTIES” section of the Fund’s latest Management’s Discussion and Analysis.

Although Chemtrade believes the expectations reflected in these forward-looking statements and the assumptions upon which they are based are reasonable, no assurance can be given that actual results will be consistent with such forward-looking statements, and they should not be unduly relied upon.

Except as required by law, Chemtrade does not undertake to update or revise any forward-looking statements, whether as a result of new information, future events or for any other reason. The forward-looking statements contained in this website are expressly qualified in their entirety by this cautionary statement.

Disclaimer and Limitation of Liability

The materials in this website are provided “as is” and without any express or implied warranties of any kind. To the fullest extent permissible pursuant to applicable law, Chemtrade disclaims warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or use. Chemtrade does not warrant that the functions contained in the materials and this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components. Chemtrade does not warrant or make any representations of any kind regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, effectiveness, timeliness, or otherwise. You, and not Chemtrade, assume all of the risks associated with using this website.

IN NO EVENT SHALL CHEMTRADE BE LIABLE TO YOU OR ANY OTHER PARTY (IN RELATION TO OR AS A CONSEQUENCE OF USE OF THIS SITE) UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION LOSSES, LOSS OF CONTRACT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, DELAY, LOSS OF GOODWILL, LOSS OF DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, AND INCLUDING BUT NOT LIMITED TO PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SAID LIABILITY, LOSS, OR DAMAGES ARISE IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF CHEMTRADE WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHEMTRADE’S TOTAL LIABILITY TO YOU (OR ANYONE ELSE CLAIMING THROUGH YOU) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT SPECIFICALLY PAID BY YOU TO CHEMTRADE, IF ANY, FOR PURPOSE OF ACCESSING THIS WEBSITE.

This disclaimer and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, 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 any aspect of this website, under any legal theory or cause of action.

Indemnity

You agree to indemnify, defend and hold harmless the Fund and its affiliates, and each of their officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of any aspect of this website, your violation of the terms of this Legal Notice, or your infringement of any intellectual property or other right of any person or entity.

Third Party Links

This website may contain links to other third-party services and resources for informational purposes only. Chemtrade is not responsible for such third-party services and resources, nor does Chemtrade approve or endorse such third parties or their services or resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites.

Copyright/Proprietary Rights

All content provided or otherwise made available by Chemtrade through this website, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the website, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Chemtrade and is protected by intellectual property rights and unfair competition laws within and outside of Canada. All trademarks, service marks, trade names, logos and graphics (“Marks”) used on this website are registered or common law trademarks of Chemtrade in Canada and internationally. You may not make any use of any Marks without the prior written consent of Chemtrade.

No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Chemtrade’s copyright and other proprietary rights.

Feedback

We at Chemtrade would love to hear from you, and in this regard you can submit any comments, questions, or any feedback (collectively, “Feedback”) through the “Ask Chemtrade” form on this website, or by emailing ajonsson@chemtradelogistics.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise utilize the Feedback for any purpose. We remind you not to submit any sensitive personal information through this website.

Our Communication with You

If you sign up for our mailing list, you consent to receive communications from us regarding Chemtrade news and updates. You can unsubscribe from these communications at any time. If you do not opt-in to receive the communications described in this section, the remainder of the Terms will continue to apply to you and your use of the website.

Governing Law and Jurisdiction

This website and all disputes or other matters arising out of it shall be governed by the laws of the Province of Ontario and dealt with by a court of competent jurisdiction in the City of Toronto or such other location as the parties may expressly agree to. You specifically agree that if Chemtrade should prevail in any legal proceedings, you shall pay all of Chemtrade’s costs, including reasonable fees for in-house and outside counsel.