Legal Advisory and Conditions of Use: This document (“Agreement” or the “Terms of Use”) and the Privacy Policy (the “Privacy Policy” section below) set out the terms and conditions governing access to and use of the website of Omnigence Corp. (“Omnigence” or “we”) 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 (“Content”). The Website may contain Content provided by the partner funds of Omnigence Corp. listed under the “Funds” tab (the partner funds being the “Omnigence Partner Funds”). Users of this Website (“Users” or “you”) are therefore required to read this Agreement carefully and accept the terms and conditions set out in this Agreement. If you do not accept the terms and conditions set out in this Agreement, you must not access or use this Website and should leave it immediately.
The following are the terms and conditions of a legal agreement between you and Omnigence. By viewing, accessing, downloading, experiencing or otherwise using this Website or any of the Content, you represent, knowing that Omnigence is relying on such representation, that you have read and understood the terms and conditions of this Agreement, that you are of the legal age of majority under applicable law to form a binding contact with Omnigence and you confirm by continuing to this Website, in consideration of Omnigence granting you access to this Website, that you accept and agree to be bound by such terms and conditions.
Investment Decisions: Material contained in or accessible through this Website (including any Content) is for information purposes only and is not intended to be construed as investment, legal, accounting, tax or other professional advice. Neither this Website nor any other materials contained in or accessible through this Website constitute an offer to sell or a solicitation of an offer to buy securities in any jurisdiction, nor should this Website or any such materials form the basis of, or be relied on in connection with, or act as an inducement to enter into, any contract or commitment whatsoever. Visitors to this Website who are considering making an investment in a specific securities offering are reminded that they must not make any decision on the basis of information contained on this Website but, rather, only on the offering documents relating to that particular securities offering.
While the information presented in this Website has been researched and is thought to be reasonable, in general, an investment in an Omnigence Partner Fund is speculative, prices can go up but they can also go down, and thus OMNIGENCE AND/OR ITS AGENTS CANNOT AND DO NOT GUARANTEE ANY RATE OF RETURN OR INVESTED AMOUNT OR INVESTMENT TIMELINE. You acknowledge and agree that Omnigence 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. Omnigence and its service providers do not endorse the opinions of any third party (including the Omnigence Partner Funds) expressed on the Website (including in any Content available on the Website provided by the Omnigence Partner Funds) or any website accessed through the Website. Omnigence is subject to the securities laws of various jurisdictions. Information disclosed or provided by Omnigence 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. Omnigence 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 (except to the extent that such information and material is provided by an Omnigence Partner Fund, in which case the information and material is the sole responsibility of the Omnigence Partner Fund and not Omnigence) are reasonably believed by Omnigence to be accurate and complete in all material respects at the time of posting, and although Omnigence makes reasonable efforts to ensure that all such information and material remain current, accurate and complete, Omnigence accepts no liability, responsibility or obligation whatsoever to post, update, amend, review or remove such information, material or other 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. Omnigence may, at its sole discretion, post, delete and amend any material (including any Content) without notice.
Personal Information: You agree that your use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, this Agreement. Personal Information (as defined in the Privacy Policy) and “cookies” will be collected, used and disclosed by Omnigence solely in accordance with this Agreement and the Privacy Policy.
Website Provided “As Is”: Users understand and agree that the Website and any Content and other information, data and materials are available on the Website on an “as is” and “as available” basis. Omnigence and its securityholders, subsidiaries, affiliates, officers, directors, employees, contractors, securityholders, agents, representatives, business partners, vendors, clients, licensors, licensees, suppliers, service providers, successors, assigns and advisors (together, “Company Parties”) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, currency, suitability, or non-infringement. Among other things, the Company Parties make no warranty that the Website (or any Content) will be accurate, reliable, compatible with your computer or electronic device, or complete or will be provided on an uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any Content, date or the results derived therefrom will meet your requirements or expectations or that the Website and its server are free of viruses and other harmful elements.
Forward-Looking Statements: Certain statements in this Website, including assessments by management of Omnigence regarding 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’, ‘will’, ‘may’ or words of a similar nature. The forward-looking statements are based on current expectations, estimates, forecasts and projections. Forward-looking statements speak only as of the date of such information as the case may be, and may be superseded by subsequent events. They are not guarantees of future performance and are subject to known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Omnigence and/or Omnigence Partner Funds to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such factors include, among others: fluctuations in interest rates and the economic cycle; general economic conditions; credit and financial stability; the ability to obtain and maintain customers and investors; weather; the price of commodities; competition; changes in legislation and the regulatory environment; international trade and global political conditions; and uncertainty associated with the reorganization and the structure of the Omnigence Partner Funds. 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. 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 Omnigence Partner Funds under the heading “Risk Factors”. Although Omnigence 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. Readers, therefore, should not place undue reliance on any forward-looking statements. All forward-looking statements, whether written or oral, attributable to Omnigence, or persons acting on its behalf, are expressly qualified in their entirety by these cautionary statements. Omnigence 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 questions 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 Company Parties do not assume and hereby disclaim any liability to any party for any loss or damage caused by the use of the Content (or errors or omissions in the Content) to make any investment decision, whether such errors or omissions result from negligence, accident or any other cause.
IN NO EVENT SHALL COMPANY PARTIES OR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, SECURITYHOLDERS, SERVANTS, OR EMPLOYEES BE LIABLE TO ANY USER FOR DAMAGES WHATSOEVER, AND HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING 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 (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE), WITH ANY SOFTWARE ALGORITHMS AVAILABLE THEREON NOR WITH ANY HYPERLINKED WEBSITE 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 THE COMPANY PARTIES ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, SECURITYHOLDERS, SERVANTS, OR EMPLOYEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. OMNIGENCE 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.
Omnigence shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Omnigence’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Indemnity: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) alleging or resulting, directly or indirectly from your: (a) breach of this Agreement; (b) use of the Website; and (c) User Submissions (defined below).
Waiver: No delay or omission by Omnigence to exercise any right or power it has under this Agreement or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Omnigence must be in writing and signed by an authorized representative of Omnigence.
License: All material, information and any other Content on this Website is protected by copyright. This Agreement grants to you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to: (a) access the Website for the purpose of obtaining information in accordance with this Agreement; and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website; provided that you do not remove or alter any copyright or other proprietary notices. Except as may be expressly authorized by Omnigence and/or the Omnigence Partner Funds, any reproduction, modification, distribution, sale, resale, or marketing 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 Omnigence, the Omnigence Partner Funds or other third parties and may not be used without Omnigence’s written permission. Except for the limited licenses and rights expressly granted to you in this Agreement, Omnigence does not grant you any other right or license, whether express, or implied, by estoppel, or otherwise in or under any patent, trademark copyright, or other intellectual property or proprietary right of Omnigence or any third party. Omnigence may terminate this license at any time for any reason whatsoever.
User Submissions: The Website may contain interactive features that allow Users to submit, post, publish, display, or transmit (collectively, “submit”) to or through the Website or to other users or persons (collectively, “User Submissions”). Although Omnigence 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 Omnigence through this Website will not be considered to be confidential or proprietary and will not be accepted as such by Omnigence. By submitting User Submissions, you grant Omnigence the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and incorporate such material into any form, medium or technology throughout the world without compensation to you. You assign any copyrights in or to the contents of any information you send to Omnigence and you waive any and all moral rights thereto. Omnigence shall be at liberty to freely use, without payment of any compensation, any improvement, suggestion, invention or innovation you may send to Omnigence.
You understand and agree that you, not Omnigence, are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Use Restrictions: Users are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) taking any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website, or to shut down, overload or overwhelm the Website; (i) using the Website to harvest addresses, send spam or otherwise breach this Agreement or the Privacy Policy; (j) otherwise attempting to interfere with the proper working of the Website; or (k) taking any inappropriate or unlawful actions including the submission of inappropriate or unlawful content to or through the Website, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any legal rights (including the rights of publicity and privacy of others) or the law.
You agree, and confirm, that your use of the Website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
Links to Third Party Websites: Omnigence provides links to third party websites (which may include the Omnigence Partner Funds) only as a convenience and the inclusion of any link does not imply, confirm or signify any endorsement, investigation or verification by Omnigence of the linked website or information contained therein and Omnigence is not responsible, and assumes no liability, for any such content. If you choose to access any such third party sites, you do so at your own risk. Omnigence does not control the third party sites and is therefore not responsible for its content or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.
Security: Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of information transmitted to our Website. Any transmission of information, including User Submissions, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
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: Omnigence 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.
Any questions regarding the Terms of Use can be directed to: info@omnigenceam.com
Privacy Policy
Capitalized terms not otherwise defined in this privacy policy (the “Privacy Policy”) have the meaning ascribed to them in the Terms of Use, above.
This Privacy Policy describes information we collect about Users, why we collect it, how we use it, under what circumstances we share it with third parties, and your choices. “Personal Information” means information about an identifiable individual. If you do not agree to the terms of this Privacy Policy, please do not use our Website. If this Privacy Policy changes in the future, we will post an updated version on our Website. We recommend that you check this Website periodically in order to review our current Privacy Policy. You can tell if this Privacy Policy has changed by checking the date that appears at the bottom of this Privacy Policy. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the Privacy Policy was changed. If you continue to use our Website after the Privacy Policy has changed or notice of the change has been given, you will be deemed to have accepted such changes. By voluntarily providing us with Personal Information and/or using our Website, you are consenting to its collection, use and disclosure in accordance with this Privacy Policy. You acknowledge and agree that such Personal Information may be transferred from your current location to the offices and servers of Omnigence and authorized third parties referred to herein.
Information we collect: When you use or access the Website, we may collect:
Technical information and Website activity may be collected automatically through cookies and other tracking technologies as you navigate through our Website. For further information about cookies, including how you can disable cookies on your device or web browser, please refer to “Cookies” below.
Using Personal Information we collect: We may use the information you provide about yourself or that we collect about you to: (i) fulfill your requests (including sending newsletters, updates, resources and other communications that you requested); (ii) respond to your inquiries; (iii) carry out our obligations and enforce our rights arising from any contracts with you; (iv) notify you about changes to the Terms of Use, this Privacy Policy, the Website, materials or other Content we may offer or provide through it; (v) improve or address any problems with our Website, marketing or User experiences; (vi) present this Website and its Contents to you; (vii) allow you to participate in interactive features on our Website; or (viii) carry out any other purpose with your consent.
We may also create and retain de-identified or anonymized Personal Information for internal research and analysis purposes, including to improve business operations.
To whom we may share Personal Information: We may share your Personal Information in the following situations and/or to the following persons: (i) to fulfill the purpose disclosed by us when you provide the information; (ii) with your consent; (iii) when required to do so by law, for example, in response to a court order or a subpoena; (iv) in response to a law enforcement, government or regulatory request, including securities regulators; (v) with our service providers, contractors and other third parties we use to support our business, such as sending out newsletters or communications, for data storage, or the provider of this Website; (vi) with our financial, insurance, legal, accounting or other advisors that provide professional services to us; (vii) to protect, establish or exercise our legal rights or defend against legal claims, including to enforce or apply the Terms of Use or this Privacy Policy; (viii) to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, or suspected fraud; or (ix) in the event of a contemplated or completed sale of some or all of our securities or all or substantially all of our assets, disposition of our assets, merger, amalgamation, corporate reorganization, joint venture, partnership or other similar transaction or structure. If a sale contemplated in (x) is completed, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with this Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your Personal Information with any inquiries concerning the processing of that Personal Information.
We may also provide the information you provide about yourself to the Omnigence Partner Funds and their agents and/or advisors.
We may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country.
Your choices about your Personal Information: At any time you can contact us to: (i) stop receiving emails from us; (ii) to request access to, correction or deletion of the Personal Information that we hold about you; or (iii) withdraw your consent for us to collect, use or disclose your Personal Information, subject to certain restrictions. You can unsubscribe from our newsletters or opt-out of contact for marketing purposes or other purposes by clicking the “unsubscribe” link provided at the bottom of every email from us. If you contact us to exercise your choices, we may request certain information from you to help us confirm your identity.
Children’s Privacy: We do not knowingly collect Personal Information from children under the age of 18. By accessing our Website or initiating any communication with us, you represent that you are at least 18 years old.
Cookies: As stated above, technical information and Website activity may be collected automatically through cookies and other tracking technologies as you navigate through our Website.
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie.
We use cookies to facilitate and improve your interaction with our Website, make our Website work or work more effectively, monitor the performance of our Website and for statistical and routine system maintenance purposes.
If you would prefer not to accept cookies, you can alter the configuration of your browser to reject all cookies or some cookies. While it is possible to use our Website by having your browser’s Internet security set such that it will not accept cookies, your online experience may be greatly reduced. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• 15-year track of investing in alternatives is of key principals beginning in farmland in 2007. Specific numbers vary across each of the partner funds and for each principal.
Questions or Comments: If you have any questions or comments or wish to make a complaint about this Privacy Policy, please feel free to contact us by clicking the “Contact Us” page, or by delivery in person, by courier or by the mail, to Omnigence Corp. at Suite 300, 4954 Richard Road SW, Calgary AB T3E 6L1. If you contact us about your Personal Information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain requests. September 11 2023