Website Terms and Conditions

Last Updated on April 8, 2024

Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website.  By using or otherwise accessing this website, you agree to the terms, conditions, policies and restrictions governing the use of this website, which thus constitute a legal agreement between you and Whitehorse Liquidity Partners Inc. doing business as Dawson Partners and/or Dawson (together with its subsidiaries and affiliates, “Dawson”).  Dawson may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content herein.  Dawson may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon posting.  If you do not agree to abide by these terms and conditions, do not use this website.  Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of such changes. 

You must abide by any and all terms of use and policies posted on this website.

No Solicitation or Investment Advice

Whitehorse Liquidity Partners Inc. is registered with the Securities and Exchange Commission (“SEC”) as an investment adviser under the U.S. Investment Advisers Act of 1940., as amended, and as a Portfolio Manager in the province of Ontario with the Ontario Securities Commission (“OSC”). Registration with the SEC or OSC does not imply a certain level of skill or training. Whitehorse Liquidity Partners Inc. is also registered as an Exempt Market Dealer in the provinces of Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick and Nova Scotia. Whitehorse Liquidity Partners (UK) Ltd. is an Appointed Representative of Langham Hall Fund Management LLP, an entity which is authorized and regulated by the Financial Conduct Authority of the UK (“FCA”). None of the SEC, the OSC, the FCA or any other regulator has approved, passed on, or endorsed the merits of any information on this website, nor have any of the foregoing authorities confirmed the accuracy or determined the adequacy of any information on this website. Any representation to the contrary is a criminal offense.  The purpose of this website (including any portion of this website available only to investors) is limited to providing you with general information on Dawson, its activities and philosophy.  Dawson does not render or offer to render investment advice through this website.  Nothing on this website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other products, nor should it or any part of it form the basis of or be relied upon in connection with any contract or commitment whatsoever.  You understand that none of the information herein constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy. In addition, you understand and agree that all material provided in connection with this website is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the material provided in connection with this website. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any material provided in connection with the website.

Dawson may only transact business or render investment advice in those jurisdictions where one or more of the Dawson entities are registered and/or have made the appropriate notice filing with such jurisdiction’s regulatory authority, or where Dawson is otherwise excluded or exempted from such jurisdiction’s registration and/or notice filing requirements. 

Limited Right of Use/Ownership of Contents

This website and its contents are intended for the personal, non-commercial use of its users.  All materials published on this website (the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned and controlled by Dawson or a party credited as the provider of such Content.  Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part.

Dawson reserves the right to terminate at any time and without notice any users’ access to this website.

Confidentiality

All information available through any password-protected area of this website is confidential and proprietary to Dawson. You agree to use your best efforts to keep all such information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than those strictly permitted by Dawson in writing.

Disclaimers, Limitation of Liability and Indemnification

Dawson hereby disclaims all warranties and representations of any kind with regard to this website and the Content, including any implied warranties of merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for a particular purpose.

This website and the information contained herein are provided “as is.”  The information contained on this website is gathered from sources deemed to be reliable; however, Dawson (i) does not (a) warrant the accuracy, adequacy or completeness of the information and material contained on this website as of the viewing date and (b) any results from your use or reliance on the information herein and (ii) expressly disclaims liability for errors or omissions in such information and materials.  Dawson does not make any commitment to update any material or information on this website.

Dawson is not liable for any consequential, incidental, special, punitive or exemplary damages, expenses, liabilities or costs (“Losses”) arising out of any use or access of, or inability to access or use, or reliance on, the website or Content (or any part thereof) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from you, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the website or viruses whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website regardless of whether Dawson has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

By accessing and/or using this website, you agree to indemnify, defend and hold Dawson and its officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or a breach by you of, these Terms of Use or the representations, warranties and covenants deemed made by you hereunder.  You agree to cooperate as fully as reasonably required in the defense of any claim.  Dawson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires any of the Indemnified Parties to take any action, without Dawson’s prior written approval.

While we endeavor to protect the security and integrity of the information we may collect from you via this website, as described in our Privacy Policy, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. A third party could view the information you send in transit by electronic means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed through this website.  Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.

Submitted Materials & Submitting Plans

Unless specifically requested, Dawson does not solicit, nor does Dawson agree to receive, any confidential, secret or proprietary information or other material from you through this website, by e-mail, through the “Contact Us” feature, or in any other way.  Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy.  By submitting any Submitted Materials to us, you: (i) represent and warrant that you either (a) own your Submitted Materials, or (b) have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this website; (ii) grant Dawson a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, and fully transferable, assignable and sub-licensable right and license to use such Submitted Materials (in whole or part) in any manner and/or to incorporate them (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed, in Dawson’s sole discretion; and (iii) agree that Dawson has not entered into any agreement with you of any kind, whether contractual or otherwise, with respect to the Submitted Materials.  Dawson is not obligated to review any Submitted Materials and does not agree to provide any compensation, whether monetary or otherwise, in exchange for the use of any Submitted Materials.  Dawson is not responsible for maintaining any Submitted Material you provide to this website, and we may delete or destroy any such Submitted Material at any time, in our sole discretion. 

User Conduct 

Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content and/or the various other features available on this website, you agree that you shall not:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or Dawson;
• use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this website, or obtaining lists of users or other information from or through this website including, without limitation, any information residing on any server or database connected to this website;
• use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
• link to this website nor display this website as “framed” with another website;
• disclose any sensitive, proprietary or confidential information, about yourself or anyone else;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website; or
• use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule or regulation. 

Hyperlink Policy

At certain places on this website, live ‘links’ to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Dawson.  Dawson does not endorse, approve, certify, or control these external Internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such websites, nor does Dawson warrant that such websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination.  Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.  Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Dawson.  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites. 

Copyright and Trademarks

Copyright 2024 Whitehorse Liquidity Partners Inc. doing business as Dawson Partners and/or Dawson.  All Rights Reserved.  On April 8, 2024, Whitehorse Liquidity Partners Inc. announced it is rebranding to Dawson Partners, unveiled its new logo and website and commenced doing business as Dawson Partners and/or Dawson. The rebranding is expected to be completed over the coming months with formal name change to occur on or around July 1, 2024. Dawson and Dawson Partners are each registered trade names of Whitehorse Liquidity Partners Inc. in Canada. “Dawson” and “Dawson Partners” are registered/pending registration trademarks of Whitehorse Liquidity Partners Inc. in various jurisdictions. The Dawson logo is a pending registration trademark of Whitehorse Liquidity Partners Inc. and may not be used without the express written consent of Dawson.  All other marks are property of their respective owners.  Any copying of information or documents published on this website without prior written approval from Dawson is strictly prohibited.

Miscellaneous

These Terms of Use constitute the entire agreement between you and Dawson and governs your use of this website.  These Terms of Use supersede any prior terms of use or other agreements concerning your use of this website. We may assign these Terms of Use, in whole or in part, at any time.

These Terms of Use and the relationship between you and Dawson hereunder shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada applicable in such Province, excluding any rule or principle of conflicts of law that may provide otherwise.  You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario for the resolution of any disputes arising out of or relating to these Terms of Use or this website.

The failure by Dawson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

Notice to Japanese Investors

Pursuant to the Financial Instruments and Exchange Law of Japan, Business Operators of Specially Permitted Businesses for Qualified Institutional Investors, Etc. are required to make available to the public certain information. If you would like to obtain such information as to Whitehorse Liquidity Partners VI GP Inc. and Whitehorse Liquidity Partners GP Solutions Fund II GP Inc., please make a request via email to Dawson’s Compliance team (compliance@dawsonpartners.com) and indicate your name, company name, position and email address, and such information will be sent to you via email promptly after your request.