1. Terms and Conditions of Use of Site

This web site (the “Site”) is provided solely for informational purposes by the BMG Group of Companies (which consists of Bullion Management Group Inc., and its wholly owned subsidiaries, Bullion Management Services Inc., Bullion Marketing Services Inc. and Bullion Custodial Services Inc. and its wholly owned subsidiary, International Bullion Sales Corporation.) (collectively, “BMG”). 

No information on the Site or linked to the Site is intended to constitute legal, financial, tax or investment advice and should not be relied upon for any such purpose or purposes.  Nothing on the Site should be considered an offer to sell or solicitation to buy units of The BMG BullionFund (the “Fund”).  The Fund is offered for sale to the Canadian public by prospectus only.  The prospectus contains important information about the Fund and should be read carefully before investing in units of the Fund.  Commission, trailing commissions, management fees and expenses all may be associated with an investment in units of the Fund.  Please read the prospectus of the Fund before investing.  The indicated rates of return on the Site are the historical annual compounded total returns of the Fund including changes in unit value and reinvestment of all distributions and do not take into account sales, redemption, distribution or optional charges or income taxes payable by an investor that would have reduced returns.  Investors should be aware that the Fund is not guaranteed, its value changes frequently and past performance may not be repeated.

Your use of the Site is conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”).  Each time you visit or use this Site, including without limitation, to access, use, and/or download messages, information, data, text, software or images, or other content from this Site (collectively the “Content”), or to send messages, information, data, text, software or images, or other Content to the Site, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Site.  If you do not agree to abide by these Terms and Conditions, do not use this Site.

BMG has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time.  Changes will be effective when notice of such change is posted at the Site.  We advise that you should check the Terms and Conditions frequently for updates by checking the date of the “Last Update” at the top of this document.  If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site immediately.  Your continued use of this Site after any such changes are posted, whether or not you have checked such Terms and Conditions for changes, will constitute acceptance of those changes.  These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with BMG.

BMG may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including without limitation (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for use of the Site or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site.  BMG reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

2. Limited License

You are granted a Canadian, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print and download and use the content of this Site for informational purposes only and solely for your own personal or internal company use.  You must include with any display or copy of the Content its copyright notice (that is, the line at the bottom of this page).  No other use is permitted.

You may not:

• remove, from any copy of the Content, the copyright or other proprietary notices contained in the Content; sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Content on any other website; or transfer any of the Content to any other person without the prior written consent of BMG;
• print or copy any of the HTML or other computer software that is accessible at this Site;
• resell any Content;
• include any Content in or with any product that you create or distribute;
• copy any Content onto your own or any other website;
• use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part);
• disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular function on the Site, without their consent and without complying with the requirements of applicable privacy legislation;
• post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
• post or transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
  

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.  BMG will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.  BMG reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.

3. Proprietary Rights

The Content is protected by Canadian and worldwide copyright laws and treaty provisions.  Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of BMG or its licensors.  Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation ‘BMG’ constitute trade-marks, trade names, trade dress and associated products and services of BMG or its affiliates (the ‘Marks’), and are protected in Canada and internationally and their display on this Site does not convey or create any license or other rights in the Marks.  Any use of any of same, in whole or in part, without prior written authorization of BMG is strictly prohibited.

Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners.  The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any license or other rights in these trademarks or trade names.  Any unauthorized use of them is strictly prohibited.

4. Linked Sites

Certain links on this Site may take you to other web sites.  BMG provides these links only as a convenience.

BMG is not responsible for the content of any such linked pages.  BMG makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described.  If you use these sites, you will leave this Site.

If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

BMG welcomes links to this Site.  However, you agree that if you want to link to this Site your website shall not:

• create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
• imply that BMG is endorsing you or any other person, or your or such other person’s products or services;
• imply an affiliation between you or any other person, or your or such other person’s products or services, and BMG without the prior written consent of BMG;
• misrepresent the relationship of you or any other person with BMG or present false, misleading or otherwise damaging information or impressions about BMG or any of its products or services;
• contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate; or link to any other page on the Site other than its home page.

5. Privacy Policy

Any of your personal information which BMG collects via this Site is subject to the BMG Privacy Policy, which is incorporated by reference into the Terms and Conditions.

6. User Communications

Subject to any applicable law and the requirements of the BMG Privacy Policy, any communications sent by or to you via this Site or otherwise to BMG are on a non-confidential basis, and BMG is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose.  BMG shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services.  You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgement of you as the source of such communications.

7. Disclaimer

BMG makes reasonable efforts to ensure that the Content is accurate at the time it is posted on the Site, however, BMG makes no representation or warranty of any kind regarding the Site or the Content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the Content.  For certainty, financial market data on the Site, including without limitation quotes, charts and news, is provided by various information suppliers that are independent of BMG and is for the purposes of the Terms and Conditions considered Content for which BMG makes no representation or warranty.

BMG makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Canada.  Accessing the Content from locations where their contents are illegal is prohibited.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

You acknowledge and agree that the Site (including without limitation the Content) is provided on an AS IS basis; and that any use of or reliance on the Site shall be at your sole risk.

BMG and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade.  For greater certainty, BMG does not warrant that this site will continue to operate, operate without interruptions or be error-free.

8. Limitation of Liability

You agree that in no event will BMG or any of its affiliates have any responsibility or liability in connection with this site for any loss or damages whatsoever, whether based on contract, negligence or other legal basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this site, the content, any content of any linked web site, or failure of such web sites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such web sites or content, or the transmission of confidential or sensitive information to or from such web sites) even if BMG or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.

9. Indemnity

You agree to defend, indemnify and hold harmless each of BMG and all its employees, agents, officers, and directors, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Content or your breach of the Terms and Conditions.

10. Choice of Law

This Site is controlled, operated and administered by BMG from its offices within the Province of Ontario, Canada.  By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

11. General

The Terms and Conditions constitute the entire agreement between BMG and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between BMG or its affiliates and you with respect to this subject matter.  If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.  BMG’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.  Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.  No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and BMG.  No changes to the Terms and Conditions shall be made except by a revised posting on this page.  The Terms and Conditions shall enure to the benefit of BMG.  The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. BMG may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign your rights and duties under this Agreement to any party at any time.

12. Questions on Terms and Conditions

Should you have any questions regarding the Terms and Conditions, please contact BMG either by writing to us at Bullion Management Group Inc., 60 Renfrew Drive, Suite 280, Markham, Ontario, L3R 0E1, or by sending an e-mail to info@bmgbullion.com.  This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.