Terms of Use

Last Updated: October 2021

  1. By accessing this website and any pages thereof, you agree to be bound by the terms of use set out below. If you do not agree with these terms of use, do not access this website or any pages thereof. We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. References on this website to “Optimist Fund”, and “we” or “us” are to the entities Optimist LP Fund and Optimist Trust.

  2. Nothing on this website constitutes a solicitation or offer by BloombergSen to buy or sell products or services of any kind whatsoever, including, without limitation, securities or any other financial instruments of any issuer.

  3. The information on this website is general and is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice. Many factors unknown to us may affect the applicability of any statement or comment that we make on our website to your particular circumstances. You should consult directly with a BloombergSen professional or your other advisors before acting on any information on this website.

  4. Facts and information provided on this website are believed to be accurate at the time they are posted. However, this website could include inaccuracies, typographical errors, or out-of-date information. Changes may be made at any time to the information on this website without prior notice.

  5. BloombergSen does not warrant the timeliness, accuracy, completeness, quality, adequacy or content of any information on this website and expressly disclaims any liability whatsoever for errors or omissions. Such information is provided “as is” without warranty or condition of any kind (either express, implied or statutory), including, without limitation, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions which do not allow the exclusion of implied warranties. BloombergSen will not be responsible or liable for any direct, indirect, special, incidental, or consequential damages, or any other damages whatsoever, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage, resulting from the use of or misuse of or inability to access or use this website or the information, documents, software or content thereof, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if advised of the possibility of such damages or such damages are reasonably foreseeable.

  6. Links to other Internet resources or websites are used at your own risk. Links to other websites or references to products, services or publications other than those of BloombergSen on this website do not imply the endorsement or approval by BloombergSen of such websites, products, services or publications. BloombergSen makes no representations whatsoever about any other website which you may access through this one and accepts no responsibility whatsoever for such websites or their content. When you access a non-BloombergSen website, please understand that it is independent from BloombergSen, and that BloombergSen has no control over the content on that website. Non-BloombergSen websites are not subject to BloombergSen’s privacy policy or security standards.

  7. All materials on this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or limitation clauses apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download.

  8. Please be advised that we make no warranty as to whether the Internet or other forms of electronic communications, including e-mail, are secure mediums, and we caution that the privacy of information transmitted via the internet or otherwise by electronic communications cannot be ensured. Internet and e-mail are vulnerable to interception and forging. BloombergSen cannot ensure the privacy and authenticity of any information communicated over the Internet or by other forms of electronic communication.

  9. This website may not be used by persons in jurisdictions where access to or use of this website or any part thereof may be illegal or prohibited.

  10. If you breach any provision of these terms of use, you may no longer use this website. BloombergSen may, at any time, for any reason and without any prior notice or liability, change, suspend or terminate this website or any part of it or withdraw your permission to use this website. If these terms of use or your permission to use this website are terminated for any reason, these terms of use will nevertheless continue to apply and be binding upon you indefinitely in respect of your prior use of this website.

  11. These terms of use and the terms of use for client access, if applicable, including any changes hereto and/or thereto made from time to time (collectively, the “Terms”) constitute the entire agreement between you and BloombergSen relating to your use of this website, and supersedes all previous agreements, written, oral or otherwise, between you and BloombergSen. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under the Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of the Terms or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties. The provisions of the Terms will endure to the benefit of and be binding upon each of BloombergSen and its successors, assigns and affiliates, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

  12. Except where prohibited by the laws of your jurisdiction, this site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law. By accessing the site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the website, the Terms or any related matters.