The following Terms and Conditions apply to users who are logged in to the Site using an Email ID and password through Mackenzie Institute. Mackenzie Institute includes all of the tools available via log-in credentials under the Mackenzie Institute tab on the Site, including AdvisorAccess. Please review these Terms and Conditions as well as the Legal Disclaimers for the Mackenzie website.
- What is Mackenzie Institute?
Mackenzie Institute is the post login section of the Site. It includes fund analysis, practice management resources, manager commentary, sales team information and marketing materials for financial industry professionals. Mackenzie Institute is accessible using an Email ID and password.
- Terms and Conditions
Access to and use of Mackenzie Institute constitutes your acceptance of and compliance with these Terms and Conditions set out on the Mackenzie Institute section of the Site and in the Legal Disclaimers for the Site in general. If you do not accept these Terms and Conditions, please discontinue use of Mackenzie Institute. Mackenzie may change these Terms and Conditions at any time without notice by updating this posting. You agree to review the Terms and Conditions regularly and your continued access or use of Mackenzie Institute will mean that you agree to any changes.
- No Improper Use
Mackenzie Institute and its content may be used only for the limited purposes described in these Terms and Conditions. You will not make or attempt to make any other use thereof. You will not abuse in any way Mackenzie Institute and you will not, and will not attempt to, modify Mackenzie Institute or any of its content, or disrupt or interfere with the availability or operation of Mackenzie Institute.
- Not Acting For Third Party
Only financial services professionals who have successfully completed registration on Mackenzie Institute are authorized to access Mackenzie Institute. As a user, you agree to act on your own behalf only, and not on behalf of any persons other than yourself. Notwithstanding the foregoing, you acknowledge that employees of Mackenzie may also have access to Mackenzie Institute when acting on behalf of Mackenzie as part of their employment activities.
- Accuracy of Data
The information, material and content posted on Mackenzie Institute are believed to be reliable when posted. Although best efforts are made to ensure accuracy, there is no guarantee that the information, material and content are accurate, complete or current at all times. Without limiting the generality of the foregoing, there may be typographical errors, or inaccurate or incomplete information resulting from Internet software and/or transmission problems.
- Third Party Data
No endorsement or approval of any third parties, or their advice, opinions, information, products or services, is expressed or implied. Mackenzie does not review or control, and is not responsible for, any information which is created or supplied by a third party.
- Disclaimer Regarding Third Party Websites
Mackenzie Institute contains a number of links to Third Party websites. In addition to these Terms and Conditions, your use of Third Party websites may be subject to the terms and conditions which have been posted on or are applicable to the Third Party websites. The parties who own, maintain or control Third Party websites are solely responsible for their content, and Mackenzie assumes no responsibility for such content. Links to Third Party Sites are provided for convenience only, and are not to be construed as an endorsement or recommendation of the products, services, advice or information which may be available on them. Linking to Third Party websites is at your own risk and Mackenzie is not responsible or liable for any damages in connection with linking.
- No Warranties
All information contained on Mackenzie Institute is provided "as is, where is" without any warranties of any kind. Mackenzie and its affiliated corporations and their respective officers, employees, agents and contractors make no representations and disclaim all express and implied warranties of any kind including representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for a particular purpose, and assume no responsibility for the consequences of any errors or omissions.
- Limitation of Liability
You assume full responsibility for risk of loss or damage of any nature whatsoever arising from or in connection with use of Mackenzie Institute. You further agree that none of Mackenzie, its affiliates, their respective officers, employees, agents and service providers shall be liable for any loss or damage of any nature whatsoever, arising out of or in connection with the use, or the inability to use, Mackenzie Institute or any Third Party website, regardless of whether Mackenzie has been notified of the possibility thereof, and including any claims whether or not foreseeable based on contract, tort, strict liability or other legal or equitable theory. Mackenzie is not liable for any action or decision made by you in reliance on Mackenzie Institute or the information contained herein, or any unauthorized use or reproduction of Mackenzie Institute or information herein.
- Indemnity by Mackenzie Institute users to Mackenzie
As a user, you shall make whole and save harmless the Mackenzie parties from all claims, demands, proceedings, losses, damages, liabilities, deficiencies, costs and expenses (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid in settlement) arising directly or indirectly from your use of Mackenzie Institute and/or any violations of these Terms and Conditions by you.
- Email IDs and Passwords
As a user of Mackenzie Institute, you are solely responsible for maintaining the security and confidentiality of your Email ID and Password. Mackenzie shall treat, and shall be entitled to treat, any person who uses your Email ID and Password as you. Mackenzie is not responsible for the unauthorized use of Mackenzie Institute by any other person with your Email ID or Password and Mackenzie is under no obligation to confirm the actual identity or authority of anyone using your Email ID or password. Accordingly, you agree not to disclose or provide your Email ID or Password to any other person, or to permit any other person to gain access to Mackenzie Institute using your Email ID and Password.
- Email ID and Password Selection and Confidentiality
Email IDs and Passwords are created by you during the registration process. In creating a suitable Password, you should ensure that the Password that does not contain or refer to any word that may identify you (including name, address, telephone number, account number, advisor number, dealer number, birthday of you or a family member). Mackenzie may not accept a password which it finds unacceptable or objectionable for any reason. You agree to notify Mackenzie immediately in the event that your Email ID or Password has been disclosed to or learned by another person, or if you become aware of any known or suspected security breach including the use or your Email ID or Password by another person to gain access to Mackenzie Institute.
- Time Outs
For security reasons, where you have logged into Mackenzie Institute and there is no activity on Mackenzie Institute for a certain time period, your session on Mackenzie Institute will be terminated automatically and you will be required to logon to Mackenzie Institute again.
- Use of Anti-Virus Software
While it has taken reasonable precautions, Mackenzie assumes no responsibility for and does not represent or warrant that Mackenzie Institute or this Site does not contain any virus. As a user, you acknowledge that you are solely responsible for taking steps to protect your computer from the introduction of any virus from any website or location, including this Site and any third party websites. You are encouraged to ensure that adequate precautions have been taken to protect your computer and any data stored on the computer, including the installation and updating of anti-virus software and the regular back-up of the data on such computer.
- Privacy and Confidentiality
Mackenzie is committed to protecting the privacy and security of all personal information of financial industry professionals that we may collect and maintain in the course of carrying on our business. This includes any information about you which may be collected in connection with Mackenzie Institute. When you register to use Mackenzie Institute, you provide us with personal information and your access to and use of the Mackenzie Institute constitutes your consent to such information being collected, held, used and disclosed by Mackenzie in the ways and for the purposes identified here. When you register to use the Service, you provide us with your:
- Email ID and password;
- Dealer number and Advisor number (for AdvisorAccess users only)
- Email address;
- Personal information which you choose to provide.
Mackenzie collects this information, holds it and uses it for the following purposes:
- to verify your identity as a user of Mackenzie Institute;
- to record statistical information on your visit to Mackenzie Institute and use this information to improve Mackenzie Institute as well as our ability to provide tailored information that is relevant to you
- to offer you products and services that meet your needs; and
- to restore your access to the Service in the event that you have forgotten your Email ID or password.
- collecting and compiling information like the number of visitors to our websites, where the visitors to our websites came from and the pages they visit on our websites;
- delivering advertisements that are relevant to you and your interests and measuring the effectiveness of our advertising campaigns in order to provide you with personalized service; and
- collecting your internet protocol address or other similar device identifier on the date you visit our websites (without collecting your name or other similar identifying information) so as to allow the Site to recognize your computer or other similar device.
Mackenzie is not aware of, nor responsible for, the cookie practices of any Third Party websites.
- Data/Traffic Analysis
Mackenzie may collect information regarding your use of Mackenzie Institute, including but not limited to the times of logging onto and off of Mackenzie Institute, which pages on Mackenzie Institute you choose to access and the links on Mackenzie Institute which are used, portfolios and comparisons built using the Precision Tool. This information may be used to offer you products and services that meet your specific needs and to improve our ability to deliver tailored information that is relevant to you. It may also be used for managing and developing Mackenzie Institute, helping to resolve problems and analyzing use of Mackenzie Institute. The Email ID and Password you enter, and the IP address of your computer, are also required by Mackenzie and used for enforcing the security features of Mackenzie Institute and the provisions of these Terms and Conditions, and for the detection of fraud, abuse of Mackenzie Institute and attempts to circumvent the security features of Mackenzie Institute, and of any attempts to do the foregoing. Such information will not be provided to any person other than the affiliates and services providers of Mackenzie engaged in the support and maintenance of Mackenzie Institute, and to law enforcement authorities as required.
- Use of Third Parties
We may use third party providers to help analyze the information that we collect on Mackenzie Institute about the activity of users. Third party providers will not have access to your name or other identifying information except as specified herein.
Mackenzie Investments Institute offers professional development and learning presentations to advisors, for which advisors will be eligible to earn continuing education ("CE") credits. Mackenzie Investments Institute uses third party content providers and therefore certain limited personal information (name, business address, business phone number, advisor number and dealer number) may be shared with our content providers in order for that content provider to issue a CE credit.