TERMS OF USE

By accessing this website you are agreeing to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, please do not access or use this website. At any time, we may change this website, these terms and conditions, and the information contained herein, without prior notice. It is your responsibility to check these terms and conditions for changes and updates. Your continued use of this website will be deemed to be your unconditional acceptance of those changes. These terms and conditions were last updated on May 22, 2018.

No Legal Advice or Lawyer-Client Relationship

Crawley MacKewn Brush LLP (“CMB”) provides the information on this website (including, without limitation, links to other websites contained herein, hypertext links, search mechanisms, portals and documents) for general information purposes only. It is neither intended as, nor should it be considered, legal advice or opinions of any kind and may not be used for professional or commercial purposes. Neither the use of any such information, nor the transmission of materials or information to CMB by e-mail, through our website or otherwise, will establish any lawyer-client, contractual or other relationship between CMB and the user or sender. When you visit this website or use the website to contact us, you do not establish a lawyer-client relationship with CMB.

Use of Website, Disclaimer and Limitation of Liability

The information on this website is provided on an "as is" and "as available" basis without any representations, warranties or conditions, whether express or implied, statutory or otherwise, including, without limitation, any representations, warranties or conditions as to quality, accuracy, completeness, currency, fitness for a particular purpose, uninterrupted access, error free operation, or the absence of computer viruses and other harmful components or corrupted data or information.

In no event shall CMB, its partners, agents or employees be liable in connection with any loss, cost or damages whatsoever, whether direct, indirect, consequential, contingent, special, incidental, exemplary or punitive, related to or arising from this website, its non-availability, the information on it or the use thereof (including, without limitation, any defects, inaccuracies, errors or omissions in this site), including, without limitation, damages for harm to business, damages for loss of profit, business or revenues, programs or data, interruption of activities or any other pecuniary or economic loss, whether based on breach of contract, tort (including negligence), infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, even if advised of the possibility thereof or reasonably foreseeable.

As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited under the terms of use.

Intellectual Property

CMB retains all copyright, trade-mark and other rights in all material contained on this website, including all text and graphic images. You may display on your computer, download and print copies of these materials for private non-commercial purposes, as long as the content is not modified, the source of the material is indicated, and the CMB copyright and other notices are neither removed nor modified. No portion of this material may be used or reproduced for any other purpose, or distributed, transmitted or mirrored in any form, or by any means, without the prior written permission of CMB.

Links

For your convenience, this website may contain links to other sites which are not controlled or operated by CMB. No endorsement by CMB is intended or implied by the presence of such links. CMB shall have no liability related to or arising from such sites or the use thereof.

Governing Law

The laws of the province of Ontario and the laws of Canada applicable therein shall govern the use of this website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website.

Privacy Policy

The following privacy policy discloses CMB’s practices and policies regarding the gathering and dissemination of personal information

Personal Information We Collect

When you visit our website, use our contact form, or sign up to receive updates from us, there is some personal information that is collected from you. That information includes:

  • your name, phone number, mailing address and email address;

  • the number of shares of HVI that you owned at the close of February 5, 2018;

  • account preferences, such as whether you agree to let CMB provide you with updates by email; and

  • any other information you voluntarily send to us through our website contact form.

 

This information is collected and used for a number of purposes:

  • To provide you with information you have requested, and to keep you informed with respect to the Horizons Class Actions Suit. Your email address will be used to send you those updates IF YOU HAVE REQUESTED US TO DO SO. You can withdraw your consent for such mailings at any time by contacting us as set out below.

  • To manage and administer our web presence. The nature of the Internet is such that it passively and automatically collects certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique Internet addresses assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitor’s IP addresses, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify you personally.

  • To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law.

 

If we intend to use personal information for purposes not identified to you or as set out above, these other purposes will be described to you at the time of collection or before using the information. We will not use your information for any other purpose without your consent.

Any information you send to us using our website contact form will be delivered to us via regular email. Like traditional email, this message is not sent via secure connection, so please do not send any information that you would not be comfortable sending in a regular email message.

Third Parties’ Access to Information

CMB is not in the business of selling personal information to others. We contract with third parties to fulfill certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing and maintaining site content and providing customer service. These agents have access to information only as required in order to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.

CMB will release personal information to the appropriate law enforcement, governmental or other authorities if legally required to do so.

External Links

This website contains links or references to other websites to which this privacy policy does not apply. These sites are not owned or controlled by CMB, and CMB is not responsible for the collection, use and disclosure of personal information or the privacy practices of other organizations or other websites to which our site may refer visitors or provide links for. When submitting personal information on such other websites, we encourage you to read the privacy policy of those sites.

Security

We store subscriber information on our website in a secure manner. We store such information in a manner not accessible to Web browsers, behind firewall and password protection, or offline.

Employees, agents and affiliates of CMB who require access to your personal information in order to fulfill their job or contractual requirements will have access to your personal information to the extent necessary to fulfill such requirements.

Opt-Out Option

Upon request, CMB will allow any user to opt out of further contacts at any time. Also, upon a user’s request, CMB will use commercially reasonable efforts to functionally delete the user and his or her personal information from our database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. You can email us at Admin@HorizonsClassAction.ca to request that your information be deleted from our servers.

Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (e.g., orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (e.g., when you provide information necessary for a service you have requested, or in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an opt out option provided). Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this privacy policy, if applicable, or as otherwise described at the time of collection. You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice, however, please note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services.

CMB does not collect, use or disclose your personal information other than as described in this privacy policy without your consent, unless permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example in response to a court order or subpoena, to comply with local or federal regulations.

Contacting Us

This website is subject to the Personal Information Protection and Electronic Documents Act. This legislation closely regulates our handling of your personal information. You can find more information on this Act through the Government of Canada site, http://www.canada.gc.ca. You have a right to know what information we have on file about you. If you have any questions or concerns about this privacy policy, or if you would like to review your personal information, you can contact us at (416) 217-0740 or by email at Admin@HorizonsClassAction.ca, or you can write us at the following address:

Crawley MacKewn Brush LLP
Suite 800
179 John Street
Toronto, Ontario M5T 1X4
ATTENTION: Privacy Officer

Any dispute arising between you and CMB with respect to privacy is subject to the terms and conditions of use and this privacy policy, including limitations on damages, arbitration and application of the laws of the Province of Ontario, Canada. The foregoing policies are effective as of May 22, 2018. CMB reserves the right to change this privacy policy at any time by posting the policy changes on our website. Site visitors are advised to periodically check this website for such changes.

©2018 by Crawley MacKewn Brush LLP.

Terms of Use and Privacy Policy