Terms of Use

  • Last Modified: April 18

DRI Healthcare Website Terms of Use

Last updated: April 18, 2023

The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website available at https://drihealthcare.com/, including any content and functionality (collectively, the “DRI Healthcare Website”); (b) any text, pictures, media, data, information, materials and other content (collectively, the “Content”) contained on or provided through the DRI Healthcare Website. References in these Terms of Use to the DRI Healthcare Website will include, where applicable, the Content.

These Terms of Use form an agreement between DRI Healthcare Trust (the “Trust”, “we,” “us,” or “our”) and its related companies, including its investment manager DRI Capital Inc. and its related companies (collectively, “DRI Healthcare”), as applicable and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the DRI Healthcare Website (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE DRI HEALTHCARE WEBSITE IN ANY WAY YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE DRI HEALTHCARE WEBSITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE DRI HEALTHCARE WEBSITE.

IF YOU ARE USING THE DRI HEALTHCARE WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. 

DRI Healthcare’s business model provides unitholders with differentiated exposure to the pharmaceutical and biotechnology industries through ownership and acquisition of royalties on pharmaceutical, biotechnology and other life science products (the “Portfolio Products”). The Content contained on the DRI Healthcare Website is for informational and educational purposes only and should not be construed as business, legal, accounting, professional, tax, investment or medical advice (collectively, “Professional Advice”) and should not be relied upon in that regard. The DRI Healthcare Website or any Content therein is not  an offer or solicitation in respect of any products or services. The DRI Healthcare Website and the Content thereon does not constitute investment advice, should not be used as the basis for any investment decision, and does not purport to provide any Professional Advice. 

Caution about forward-looking statements

Certain statements made on this Website are forward-looking statements and are subject to important risks, uncertainties and assumptions which give rise to the possibility that actual results or events could differ materially from our expectations expressed in or implied by such forward-looking statements. These statements are not guarantees of future performance or events, and we caution you against relying on any of these forward-looking statements. The forward-looking statements on this Website are made as of a specific date and, accordingly, are subject to change after such date. Except as may be required by applicable securities laws, we do not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. For additional information with respect to these risks, uncertainties and assumptions, refer to the Trust’s latest Annual MD&A, as may be updated in the Trust’s quarterly MD&As, as well as the Trust’s quarterly earnings press releases, all filed by the Trust with the Canadian provincial securities regulatory authorities (available at www.sedar.com). These documents are also available on this Website. Please refer to the specific document or wording of the DRI Healthcare Website that contains the applicable forward-looking information for more details, including the assumptions and risk factors relating to such forward-looking information.

  1. Changes to these Terms of Use and the DRI Healthcare Website

    1. Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the DRI Healthcare Website, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to the DRI Healthcare Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the DRI Healthcare Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the DRI Healthcare Website. Otherwise, your continued access to or use of the DRI Healthcare Website after any changes to these Terms of Use indicates your acceptance of such changes.

    2. We reserve the right to change the DRI Healthcare Website at any time, without notice. We may, at our discretion, suspend your access to or use of the DRI Healthcare Website or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the DRI Healthcare Website.

  2. User Data and Privacy

    1. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the DRI Healthcare Website (collectively, “User Data”): (i) to develop, enhance and make available the DRI Healthcare Website; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”),  provided that the foregoing license does not apply to and does not include any Personal Information contained in the User Data. We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind. To the extent permitted by applicable law, DRI Healthcare will not be liable for any failure to store, or for loss or corruption of your User Data.

    2. Please review our current privacy policy, available at [drihealthcare.com/privacy-policy] (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.

  3. Ownership of and License to the DRI Healthcare Website

    1. Neither these Terms of Use nor your use of the DRI Healthcare Website grants you ownership in the DRI Healthcare Website. These Terms of Use do not grant you any right to use any Content, including DRI Healthcare’s trademarks, graphics, logos and other commercial symbols or brand elements.  All right, title and interest, including intellectual property rights, in and to the DRI Healthcare Website, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of DRI Healthcare (or our third-party suppliers, if applicable). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license and right during the Term to use the DRI Healthcare Website. The DRI Healthcare Website and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by DRI Healthcare.

    2. Certain elements of the DRI Healthcare Website are protected by copyright.  You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the DRI Healthcare Website or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.

    3. The name “DRI HEALTHCARE” is the trademark and trade name of DRI Capital Inc.  Any trademarks, graphics, logos or other commercial symbols appearing in or on the DRI Healthcare Website are the exclusive property of DRI Healthcare Trust or DRI Capital Inc. or third party suppliers, as applicable, and may not be used in any manner without our express written consent. 

  4. Your Responsibilities & Prohibited Use

    You agree to (a) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam and (b) not use the DRI Healthcare Website in violation of these Terms of Use.
      

  5. Communications Not Confidential

    We do not guarantee the confidentiality of any communications made by you through the DRI Healthcare Website. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the DRI Healthcare Website.
     

  6. Feedback

    You agree that any suggestion, feedback or idea provided by you to us regarding the DRI Healthcare Website, Portfolio Products or any other aspect of our business model (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the DRI Healthcare Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

  7. Third Party Content, Websites or Services

    1. The DRI Healthcare Website may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access the DRI Healthcare Website from third party systems. DRI Healthcare does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. DRI Healthcare does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under DRI Healthcare’s control, and if you choose to access any such content, websites, or services, or to access the DRI Healthcare Website from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.

    2. Your interactions with organizations and/or individuals found on or through the DRI Healthcare Website, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law DRI Healthcare is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

    3. All information contained on this Website, including all stock price information, is provided for informational purposes only, and is not intended for trading or other purposes. Please note that stock price information is at least 15-minutes delayed and that all times indicated are Eastern Time. DRI HEALTHCARE AND ITS CONTENT PROVIDERS ASSUME NO RESPONSIBILITY WITH RESPECT TO THE SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION AND ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DELAYS, INACCURACIES, OR ERRORS IN ANY SUCH INFORMATION OR IN THE TRANSMISSION OF ANY SUCH INFORMATION. IN NO EVENT WILL DRI HEALTHCARE OR ITS CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. The information contained on this Website is not to be relied upon for any trading, business or financial purpose.

  8. Disclaimer

    1. THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE DRI HEALTHCARE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE DRI HEALTHCARE WEBSITE AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE DRI HEALTHCARE WEBSITE AND CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE DRI HEALTHCARE WEBSITE.

    3. IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE CONTENT OR DRI HEALTHCARE.
       
    4. You acknowledge and agree that: (i) the list of Portfolio Products listed on the DRI Healthcare Website may not be a complete list of every Portfolio Product in which DRI Healthcare Trust, directly or indirectly, has an interest and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information; (ii) the information contained about a particular Portfolio Product may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information; (iii) the inclusion of any Portfolio Products on the DRI Healthcare Website is not an endorsement by DRI Healthcare of such Portfolio Products or any person or company that owns or has any rights with respect to, or other interest in, such Portfolio Products ; and (iv) the DRI Healthcare Website is NOT to be used by you as a source of Professional Advice, including as a source of investment advice, medical advice, or for diagnosis or treatment of any medical condition.
       
    5. The downloading and viewing of the DRI Healthcare Website is done at your own risk. We do not guarantee or warrant that the DRI Healthcare Website is compatible with your computer system or mobile device or that the DRI Healthcare Website, or any links from the DRI Healthcare Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the DRI Healthcare Website.

  9. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH DRI HEALTHCARE, THE “DRI HEALTHCARE PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE DRI HEALTHCARE WEBSITE OR THE INABILITY TO MAKE USE OF THE DRI HEALTHCARE WEBSITE, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DRI HEALTHCARE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE DRI HEALTHCARE WEBSITE.
     

  10. Indemnification

    You will defend, indemnify and hold harmless the DRI Healthcare Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your User Data; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the DRI Healthcare Website; or (e) your use of the DRI Healthcare Website (except to the extent prohibited by law). DRI Healthcare reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the DRI Healthcare Website.

  11. General Provisions

    1. Term. These Terms of Use will commence on the day you first use the DRI Healthcare Website and will continue for as long as you use the DRI Healthcare Website or until terminated in accordance with this paragraph (the “Term”). At any time, DRI Healthcare may: (i) suspend or terminate your rights to access or use the DRI Healthcare Website; or (ii) terminate these Terms of Use.
        
    2. Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the DRI Healthcare Website, notwithstanding your domicile, residency or physical location. You will only use the DRI Healthcare Website in jurisdictions where the DRI Healthcare Website may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the DRI Healthcare Website. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

    3. Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the DRI Healthcare Website.
       
    4. Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

    5. Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
       
    6. Dispute Resolution. If you believe that DRI Healthcare has not adhered to these Terms of Use, please contact DRI Healthcare using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

  12. Contact

    If you have any questions or comments regarding these Terms of Use, please contact us at info@drihealthcare.com.