Terms Of Use

The purpose of this Web site is to provide general information about Empire Life Investments and its products and services.

Before using this site, please read the following terms of use carefully. As the terms of use may change at any time, you should regularly review them to ensure that your understanding of the terms is up-to-date. Any references to “you” or “your” means the person or entity using or accessing this site. References to “Empire Life Investments” shall be deemed to include Empire Life Investments Inc. and its subsidiaries.

The information and features contained in this Web site, as well as the Web site itself (collectively, the “Internet Service”), may be modified or upgraded without notice. Empire Life Investments does not guarantee the accuracy or completeness of any of the Web site content, its functionality or transmission capability.

Empire Life Investments provides its Internet Service on this Web site to you, subject to these terms of use which may be updated by us from time to time without notice to you. By accessing or using the Internet Service, you acknowledge and agree to these terms of use. In addition, you shall be subject to any other guidelines or rules applicable to the Internet Service which may be published from time to time. All such guidelines or rules are hereby incorporated by reference into these terms of use. If you do not agree with these terms of use, please exit this Web site.

Empire Life Investments makes commercially reasonable efforts to maintain the availability of this Web site. However, Empire Life Investments reserves the right to shut down this Web site in order to perform maintenance, updates and other reasonable adjustments. Some or all of the Internet Service may be unavailable during such times.

Empire Life Investments reserves the right at any time to modify or discontinue, temporarily or permanently, the Internet Service (or any part thereof) with or without notice. You agree that Empire Life Investments shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet Service. You agree to indemnify and hold Empire Life Investments (and its officers, agents and employees) harmless from any claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the Internet Service, your connection to the Internet Service, or your violation of the terms of use.

You agree that Empire Life Investments, in its sole discretion, may terminate use of the Internet Service for any reason, including, without limitation, if Empire Life Investments believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. You agree that any termination of your access to the Internet Service under any provision of the terms of use may be effected without prior notice. Further, you agree that Empire Life Investments shall not be liable to you or any third party for any termination of your access to the Internet Service.

You agree that you will not (i) interfere with the functioning of the Internet Service; (ii) bypass any measures used to secure or restrict access to the Internet Service; (iii) impose an unreasonable or disproportionately large burden on the Internet Service's infrastructure; or (iv) employ any automatic devices or means to use or access the Internet Service.

If you have access to password protected sections of the Web site, you may provide or be provided with confidential or personal information which must be collected, used and disclosed in accordance with the laws and industry guidelines relating to privacy in the jurisdictions in which we operate. (Please see our On-line Privacy Policy for more information relating to privacy.) You agree to keep any password strictly confidential and to be responsible for any Internet Service use connected to your password. You also agree to notify Empire Life Investments immediately if you know or have reason to believe that the security of your password has been compromised.

You acknowledge and agree that the information presented to you through the Internet Service is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by Empire Life Investments, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Internet Service, in whole or in part.

Your use of the Internet Service is at your sole risk. Any material downloaded or otherwise obtained through the use of the Internet Service is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. The Internet Service is provided on an "as is" and "as available" basis. Empire Life Investments expressly disclaims all warranties of any kind, whether express or implied.

Without limiting the generality of the foregoing, Empire Life Investments makes no warranty that

(i) the Internet Service will meet your requirements,
(ii) the Internet Service will be uninterrupted, timely, secure or error-free, or
(iii) any errors will be corrected.

No advice or information, whether oral or written, obtained by you from Empire Life Investments or through or from the Internet Service shall create any warranty not expressly stated in the terms of use.

The Internet Service is not intended to provide financial, legal, medical, accounting or tax advice, and should not be used or relied upon as a substitute for professional advice or your independent research.

This Web site may provide links to other Web sites or resources or it may be accessed via a link from other Web sites or resources. Empire Life Investments has no control over these Web sites or resources, does not endorse any content found on them, and is not responsible for any consequences resulting from your use of them.

Empire Life Investments shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Empire Life Investments has been advised of the possibility of such damages), resulting from:

(i) the use of, or the inability to use, the Internet Service,
(ii) unauthorized access to or alteration of your transmissions or data, or
(iii) any other matters relating to the Internet Service.

The laws of the Province of Ontario and the applicable laws of Canada shall govern the terms of use and the relationship between you and Empire Life Investments with respect to the use of the Internet Service. You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in connection with any proceedings arising from the Internet Service or your use of this Web site.

The failure of Empire Life Investments to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Internet Service or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.