Legal

1. Agreement to the Terms

This document (“Agreement” or “Terms of Use”) sets out the terms and conditions governing your access to and use of the website of Omnigence Corp. (“Omnigence,” “we,” “us,” or “our”) located at www.omnigenceam.com (the “Website”), including all information, data, images, text, works, audio files, computer code, content and web pages contained in it (collectively, the “Content”). The Website may contain Content provided by the partner funds of Omnigence (“Omnigence Partner Funds”). By accessing or using the Website you represent and warrant that you have read, understood and agree to be bound by these Terms of Use and that you are of the legal age of majority in your jurisdiction.

2. Investment Decisions

Material on or accessible through the Website is provided for information purposes only and does not constitute investment, legal, accounting, tax or other professional advice, nor an offer or solicitation to buy or sell any security. Decisions to invest in any Omnigence Partner Fund must be based solely on the offering documents for that fund.

3. Accuracy of Information

Except for Content provided by an Omnigence Partner Fund (for which that fund is solely responsible), Omnigence reasonably believes the Content to be accurate and complete at the time of posting but assumes no obligation to update, amend or remove it. Facts and circumstances may change without notice.

4. Personal Information

Your use of the Website may involve providing certain personal information. Omnigence will collect, use and disclose such information only in accordance with applicable privacy laws.

5. Website Provided “As Is”

The Website and all Content are provided on an “as is” and “as available” basis. Omnigence and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, suppliers and advisors (collectively, the “Company Parties”) disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, currency, suitability and non-infringement. No warranty is given that the Website will be uninterrupted, error-free, secure or virus-free.

6. Forward-Looking Statements

Certain statements on the Website may be forward-looking and subject to numerous risks and uncertainties. Actual results may differ materially. You should not place undue reliance on such statements.

7. Limitation of Liability

IN NO EVENT shall any Company Party be liable for any direct, indirect, special, exemplary, punitive, incidental, moral or consequential damages arising out of or in connection with the Website, the Content, or any linked site, even if advised of the possibility of such damages. Omnigence shall not be liable for failure to perform its obligations where such failure results from causes beyond its reasonable control.

8. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company Parties from any claims, losses, liabilities, damages, costs or expenses (including reasonable legal fees) arising from: (a) your breach of this Agreement; (b) your use of the Website; or (c) any material you submit through the Website (“User Submissions”).

9. Intellectual Property & Licence

All Content is protected by copyright and other intellectual-property laws. Omnigence grants you a limited, non-exclusive, non-transferable, revocable licence to access and print the Content for your personal, non-commercial use, provided you keep intact all copyright and proprietary notices. Any other use is prohibited without Omnigence’s prior written consent.

10. User Submissions

By submitting any User Submission you grant Omnigence a worldwide, perpetual, irrevocable, royalty-free, non-exclusive licence to use, reproduce, modify, perform, display, distribute and otherwise exploit that material in any medium. You waive all moral rights in such material and acknowledge that Omnigence has no obligation to keep it confidential.

11. Use Restrictions

You shall not:

• access data not intended for you;

• breach security or authentication measures;

• disrupt service to the Website or its users;

• introduce viruses, worms or harmful code;

• use robots, spiders or other automated means to monitor or copy the Website;

• harvest addresses or send spam;

• engage in unlawful, defamatory, obscene, hateful or discriminatory conduct; or

• otherwise interfere with the proper working of the Website.

12. Links to Third-Party Websites

Links to third-party websites (including Omnigence Partner Funds) are provided as a convenience only. Omnigence does not endorse and is not responsible for the content of any linked site. Accessing third-party sites is at your own risk and subject to their terms.

13. Security

Transmission of information over the Internet is inherently insecure. Omnigence cannot guarantee the security of data transmitted to the Website and is not liable for circumvention of any security measures.

14. Governing Law & Jurisdiction

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute shall be submitted exclusively to the courts of Alberta, and you irrevocably attorn to their jurisdiction.

15. Amendments

Omnigence may amend these Terms of Use at any time without notice. Continued use of the Website constitutes acceptance of the updated Terms of Use.

16. Contact

General enquiries regarding these Terms of Use may be directed to info@omnigenceam.com.