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The accessor ("Client") are the client of a member firm of the Investment Industry Regulatory Organization of Canada (the "Agent") which uses Pinnacle Correspondent Services, a division of Canaccord Genuity Corp., as its carrying broker (the "Carrying Broker"). The Agent and Carrying Broker, collectively, are prepared to enable you to access your account(s) through the internet upon your agreement as follows:

1. Authority

The Client hereby authorizes the Agent and the Carrying Broker to process any instructions to either the Agent or the Carrying Broker entered via the Internet as if the Client had given those instructions in writing delivered to the Agent or the Carrying Broker. Without limitation, the Client hereby authorizes the Agent and the Carrying Broker to provide information in respect of any Account of the Client in accordance with any request for that information made via the Internet (an "Account Enquiry") and to provide any other services as outlined in this Agreement or from time to time in publications of the Agent or the Carrying Broker or on the website of the Agent or the Carrying Broker.

2. Limitation of Liability

The Agent and the Carrying Broker may, in their absolute discretion, act on all matters on instructions given or purporting to be given by or on behalf of the Client by an Account Enquiry using the Services. Neither the Agent nor the Carrying Broker will incur any liability by reason of acting or not acting on or because of any error in any such Account Enquiry. The Client agrees to be solely responsible for the accuracy of any instruction communicated to either the Agent or the Carrying Broker using the Services.

The Client acknowledges that the use of the Services is at the sole risk of the Client. Neither the Agent, nor the Carrying Broker nor their affiliates nor any of their directors, officers, employees, agents, third party content providers or licensors warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or content of any information or service provided through the Services. The Services are provided on an "as is" basis without any warranties or conditions of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

The Client agrees that neither the Agent nor the Carrying Broker will be liable for any loss or damage resulting from any cause whatsoever (including the negligence of either the Agent or the Carrying Broker) including, but not limited to, acts or omissions of third party content providers or suppliers, failure of electronic or mechanical equipment or communications lines, telephone or other inter-connect problems, unauthorized access, computer viruses, delays in operation or transmission, theft, power failure, labour disputes or government intervention.

In no event will the Agent, the Carrying Broker or any person involved in creating, producing or distributing the Services be liable for any special, indirect, incidental or consequential damages, including, without limitation, lost revenues, lost profits or loss of prospective economic advantage resulting from the use or misuse of the Services or the website of the Agent or the Carrying Broker even if the Agent or the Carrying Broker is advised of the possibility of such damages, or for any claim by another party.

Neither the Agent nor the Carrying Broker nor its affiliates nor any of their directors, officers, employees, agents, third party content providers or licensors will be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in, or lack of timeliness or lack of authenticity of, the information provided to the Client or contained on the website of the Agent or the Carrying Broker, or for any delay or interruption in the transmission of that information to the Client, or for any claims of losses so arising. Nor will any of these persons be liable for any investment decision based on the information provided.

3. Care of Passwords

The Client acknowledges that it/he/she is responsible for the care and safety of the Password. The Client agrees not to disclose the Password to any person who does not have the full authority of the Client to access the Accounts (a "Delegate"). Neither the Agent nor the Carrying Broker is under any obligation to confirm the actual identity or authority of any user of the Password or other user identification issued to the Client.

4. Interpretation and miscellaneous

4.1 Definitions

In this Agreement:

(a) "Account" means all and any one of the accounts of the Client with the Agent, including accounts previously opened, opened concurrently or in the future or from time to time closed and then reopened, renumbered or redesignated;

(b) "Client Account Agreement" means any agreement between the Client and the Agent or a predecessor of the Agent in force from time to time governing the appointment of the Agent or a predecessor of the Agent as agent to execute transactions on behalf of the Client in Securities;

(c) "Password" means the personal password selected by the Client for access to the Services via the Internet;

(d) "Services" means Internet Account Enquiry Access and any other services provided from time to time by the Agent or the Carrying Broker through the Internet, accessed by the Client via the Internet and a Password and outlined in this Agreement or from time to time in publications of the Agent or the Carrying Broker or on the website of the Agent or the Carrying Broker.

4.2 Records of Agent

Despite any information provided to the Client in response to an Account Enquiry, the only conclusive statement of the Account of the Client is the statement communicated to the Client or corrected by the Client in accordance with the Client Account Agreement.

4.3 Discontinuance of Services

The Client agrees and acknowledges that the Agent or the Carrying Broker may modify or discontinue the Services or any part of them at any time. The Client also acknowledges that the Services may be periodically unavailable to allow for systems maintenance and updates.

4.4 Other Agreements

This Agreement is in addition to and not in substitution for any other agreements between the Client and the Agent or the Carrying Broker, including the Client Account Agreement and any other agreement relating to the Client’s Account or the Services. In connection with the Services, this Agreement will prevail in the event of any inconsistency between this Agreement and other agreements between the Client and the Agent or the Carrying Broker. Except to the extent that they are inconsistent with this Agreement, the Client Account Agreement and the terms and conditions posted from time to time on the Agent’s website are incorporated by reference into this Agreement and apply to the Services.

4.5 Governing Law

This Agreement is governed by the law of British Columbia and, subject to the Client Account Agreement between the Client and the Agent and unless otherwise agreed by the Agent and the Client in writing, the Agent and the Client will submit exclusively to the courts of the province in which the branch to which the account is assigned is located any and all disputes in connection with the operation of this Agreement and the Services or any transaction or intended transaction using the Services or arising out of or relating to this Agreement.

4.6 Severability

If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or void, that term will be deemed to have been severed from this Agreement, and the remaining terms of this Agreement will continue in full force and effect, modified only to reflect the severance of that term.

4.7 Binding Effect

This Agreement enures to the benefit of and is binding on the Agent, the Carrying Broker and their successors and assigns and the Client and the heirs, estate trustees, executors, administrators, successors and permitted assigns of the Client.

4.8 English Language Only

The parties to the Agreement have expressly requested and required that this Agreement, and all other related documents, be drawn up in the English language. Les parties conviennent et exigent expressémentb que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

 
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