TRAF - Teachers' Retirement Allowances Fund

Terms and Conditions

Please note: Our Terms and Conditions have recently changed and you will be required to accept them to continue.

TRAF ONLINE SERVICES TERMS AND CONDITIONS

INTRODUCTION

These TRAF Online Services Terms and Conditions (this "Agreement") govern your access to and use of the products and services that are provided by the Teachers' Retirement Allowances Fund ("TRAF") from time to time through its Online Services portal. Those services that are made available through TRAF's Online Services portal are together referred to as "Online Services".

As used in this Agreement, "we" and "us" refer to TRAF, and "you" and "your" refer to the user of Online Services. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

IMPORTANT!: YOUR ACCESS TO ONLINE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING ONLINE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS ONLINE SERVICES.

You can view, print, download or save this Agreement at any time, under the "Terms and Conditions" link found in your Online Services account.

GENERAL TERMS AND CONDITIONS

Accounts and User Interaction: In order to access Online Services, you are required to register an account (the "Account") using our website.

Individuals: If you are an individual, registering for an Account requires you to submit certain information, including, without limitation, your name, email address, birth date, Social Insurance Number and password. You are solely responsible for maintaining the confidentiality of your password, security question (if applicable) and all activities that occur under your Account. Therefore, you should protect your password and any other personal security authentication and make your password difficult for others to guess. When you register, you agree to provide accurate, current and complete information about yourself and update it as necessary. You will not use another person's Account or allow another person to use your Account.

Groups (including school divisions and other employers, TRAF contractors, auditors, etc.): If you are an organization registering for an Account for use by members of a group, you are required to submit certain information, including, without limitation, the organization name, physical address, phone number, designated email address and password. The organization registering for group access (the "Organization") is solely responsible for ensuring that the login details for the Account (i.e., email address and password) are only provided to individuals with a need to access the Account for bona fide business purposes and ensuring that the password used to access Online Services is changed in the event a member of the group ceases to be an authorized user of the Account. Additionally, the Organization is responsible for ensuring that all individuals accessing Online Services have agreed to use Online Services strictly in accordance with these terms and conditions. The Organization is responsible for the actions of the individuals accessing the Account.

We reserve the right to refuse registration of Accounts, or to cancel any existing Accounts, that we deem to be inappropriate, in our sole discretion. We are not responsible for updating your Account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third-party rights.

Consent to Electronic Communication: When you use Online Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices and information to your Account or otherwise through Online Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically through Online Services satisfy any legal requirement that such communications be in writing or signed.

Modification to Online Services and this Agreement: We reserve the right to restrict, suspend, revoke, terminate or otherwise change any aspect of Online Services for any reason whatsoever. We may modify all or one or more parts of this Agreement at any time. We may provide notice to you of such revisions by means of a general notice through Online Services. Your continued use of Online Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.

Ownership of Content: For the purposes of this Agreement, "Intellectual Property Rights" means all industrial and intellectual property rights throughout the world including all copyright rights and analogous rights and rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.

All materials related to Online Services, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and information belonging to other users (the "Content"), and all related Intellectual Property Rights in and to the Content, are now and will remain the exclusive property of us and our licensors.

Except as expressly provided in this Agreement, nothing in this Agreement shall be deemed to create a licence in the Content or under any Intellectual Property Rights. Except as permitted by this Agreement, you agree not to sell, licence, provide access to, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content or Online Services more generally. Use of the Content and Online Services for any purpose not expressly permitted by this Agreement is strictly prohibited.

You retain ownership in and to materials you submit to us, including comments and other content (collectively, "Your Content"), but you agree to grant us a royalty-free, sub-licensable, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing Online Services. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness.

Trademarks: Certain words, phrases, names, designs or logos on Online Services may constitute trademarks, services marks or trade names that are owned by us or others. The display of such marks on Online Services does not imply that you have been granted a licence by us or others with respect to them.

Acceptable Uses of Online Services: While you use Online Services, you must comply with all applicable laws, rules and regulations, as well as this Agreement. In addition, your use of Online Services is based on the following rules of conduct. You will not:

• Post, transmit or otherwise make available any material that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent.
• Post, transmit or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith.
• Use Online Services in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws, the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada).
• Use Online Services to post, transmit or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities.
• Impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
• Post, transmit or otherwise make available any virus, worm, trojan horse, spyware or any other computer code, file or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment.
• Interfere with or disrupt Online Services.
• Use Online Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
• Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", spam", "chain letters", "pyramid schemes", investment opportunity or any other form of solicitation.
• Use Online Services if you are under 13 years of age, in violation of this Agreement or for commercial purposes.

Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using Online Services, in our sole discretion, and may be subject to other legal remedies. You acknowledge that any violation of these terms may result in the immediate termination of your Account and right to use Online Services without notice.

PRACTICES REGARDING USE AND STORAGE

Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us on or through Online Services.

Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.

Our Access to Stored Content: We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety of our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

NO WARRANTY

NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Use at Your Own Risk: Except as expressly provided in this Agreement, access to Online Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using Online Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on Online Services. While we try to keep Online Services available without interruption, we are not responsible for ensuring Online Services are available or that they will convey information to anyone on your behalf. If your use of Online Services or the Content results in the need for servicing or replacement of equipment or data, TRAF, its affiliates and its subsidiaries are not responsible for those costs. Online Services may include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates and their and our respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Disclaimer: Online Services may contain "forward-looking statements", such as projected tax or income statements, or tax or income examples, which are only estimates of tax, income or other benefits, as the case may be. Forward-looking statements can be identified by words such as: "expected", "estimated", "intend", "plan", and "projected", and similar references to future periods. Examples of forward-looking statements include, among others, statements we make regarding your estimated or projected pension payments or estimated taxes. Forward-looking statements are neither historical facts nor assurances of future performance. They rely on our current expectations and assumptions regarding, among other things, tax rates and forecasted investment performance, and are therefore subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. AS A RESULT, YOU SHOULD NOT RELY ON ANY OF THESE FORWARD-LOOKING STATEMENTS, WHICH ARE FOR ILLUSTRATIVE PURPOSES ONLY.

Data Security: If you upload or transmit confidential, personal information, trade secrets or other sensitive or restricted content to Online Services, you are solely responsible for implementing safeguards beyond the security measures provided by us. You acknowledge that, subject to our compliance with the terms of this Agreement, you upload or transmit this information at your own risk. TRAF DOES NOT WARRANT THAT ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT ONLINE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ONLINE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Third-Party Links and Information: Online Services may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access a third-party website from Online Services, you do so at your own risk, and you understand that neither this Agreement or our Privacy Policy applies to your interaction with third parties in connection with such sites, advertisements, services, special offers, events or activities.

We are not responsible for any materials or information on Online Services or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third-party information. You expressly indemnify us from any and all liability arising from your use of any such third-party website, service or content.

Verification: We are not responsible for verifying your identity, the identity of anyone who uses your Account or the identity or legitimacy of any other user or user-generated content or submissions.

Professional Advice: Any information made available through Online Services is for informational purposes only and is not intended to be nor should it be construed as professional advice. Users should seek independent professional advice from a person who is licenced and/or qualified in the applicable area before relying on any information found on Online Services.

LIMITATION OF LIABILITY, RELEASE AND INDEMNITY

THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) ANY USE OR NON-USE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON; OR (E) ANY DUTY AT LAW OR IN EQUITY. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

RELEASE: EXCEPT AS SET OUT IN THIS AGREEMENT, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, ONLINE SERVICES.

INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF ONLINE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF ONLINE SERVICES.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

FOR THE PURPOSE OF THIS SECTION, THE TERMS "WE", "US", AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS AND ASSIGNS.

CONFLICT OF LAWS

Application of Manitoba Laws: We are physically located, and the activities with respect to Online Services take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable in Manitoba and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. You agree that Online Services shall be deemed a passive website solely based in Canada and shall not give rise to personal jurisdiction over TRAF, either specific or general, in jurisdictions other than Canada.

Dispute: In consideration for your right to access and use Online Services, you agree that: (a) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (b) any and all disputes, claims and causes of action arising out of or connected with Online Services shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall not include legal fees; and (d) to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of Online Services shall be final and binding arbitration, to occur in Manitoba, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any intellectual property right of TRAF, its affiliates or any third party or any privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by TRAF, its affiliates or the applicable third parties.

Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of Online Services, the exchange of electronic documents between us or this Agreement and, where applicable, you also agree to opt out of any class proceedings against us or our licensors.

Agreement in English: You agree that this Agreement and all documents related to it will be drawn up in English. Vous acceptez que cet accord ainsi que tous les documents qui s'y rattachent seront rédigés en anglais.

International Matters: Unless otherwise specified, Online Services are presented solely for the purpose of providing services in Canada. We make no representation that Online Services and all other materials on Online Services are appropriate or available for use in any particular location. Those who choose to access Online Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Force Majeure: We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.

Notice: All notices, requests, consents, claims, demands, waivers and other communications given pursuant to this Agreement shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses designated by a party from time to time.

PRIVACY

General

We respect your privacy. By using Online Services, you consent to your personal information being collected, used and disclosed in accordance with our Privacy Policy, as we deem reasonably necessary for the provision of Online Services, or for any other purposes that are set out in our Privacy Policy, or as required or permitted by law. Information collected by TRAF will be managed in accordance with The Freedom of Information and Protection of Privacy Act ("FIPPA"). Authority for our collection of personal information is found in FIPPA, The Teachers' Pensions Act and The Pension Benefits Act.

Information Collected through Online Services

We use Online Services to collect and use several types of information from and about you, including:

• Technical information, which may include your login information, assigned website identification number, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform or information about your internet connection, the equipment you use to access Online Services and usage details.
• Non-personal details about your interactions with Online Services , which may include the full Uniform Resource Locators (URLs), clickstream to, through and from Online Services (including date and time), information you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page or any phone number used to contact us.

Why We Collect Information through Online Services

Online Services may use various technologies, from time to time, to:

• help us customize your experience on Online Services;
• track your use of Online Services for marketing or promotional purposes;
• help us determine whether you opened an email message from us; or
• gather information to deliver information about services we think may be of interest to you.

This information enables us to:

• customize the services we offer you, to improve Online Services;
• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize Online Services according to your individual interests, including showing you information that we think will be of interest to you;
• speed up your searches;
• recognize you when you return to Online Services;
• assist us in providing a better member experience by understanding member behaviour and usage of Online Services; and
• secure Online Services and avoid unauthorized access or use.

Our Use of Automated Technologies or Interactions

As you navigate through and interact with Online Services, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to Online Services, including traffic data and other communication data and the resources that you access and use on Online Services.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data. It helps us to improve Online Services and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences and recognize you when you return to Online Services.

The technologies we use for this automatic data collection may include:

• Cookies (or Browser Cookies): A cookie is a small file placed on the hard drive of your computer or stored temporarily in your computer's memory. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to Online Services.
• Web Beacons: Web beacons (also known as pixel tags, Internet tags, clear GIFs or single-pixel GIFs) are electronic images embedded into a web page. Web beacons permit an organization to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Your Choices About How Online Services Collect Your Information

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of Online Services may not be accessible or may not function properly.

TERMINATION

Investigations and Violations: We reserve the right to investigate you if we suspect you have violated this Agreement and/or any applicable laws, and may seek to gather information from you or about your use of Online Services, in furtherance of this purpose. We may suspend your use of Online Services (and for further certainty, use of Online Services through your Account) if your conduct is under investigation. If we believe, in our sole discretion, that a violation of this Agreement and/or any applicable laws has occurred, we may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TRAF AND ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRAF DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRAF OR LAW ENFORCEMENT AUTHORITIES.

Suspension of Your Use of Online Services by Us: If you breach any provision of this Agreement, you may no longer use Online Services. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use Online Services, all without any notice or liability to you or any other person. We may take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of Online Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Online Services.

We have no obligation, nor any responsibility, to any party to monitor Online Services or their use, and do not and cannot undertake to review material that you or other users submit to Online Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, subject to applicable laws.

No Rights on Termination: We reserve the right to cease, suspend or interrupt operation of or access to Online Services or any part of them, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement in perpetuity, including, but not limited to, all Sections concerning proprietary interests, warranty disclaimers, indemnity and limitations of liability.

MISCELLANEOUS

Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

Assignment: This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement: Our Privacy Policy, this Agreement and all other documents referenced in this Agreement, together with any amendments and any additional agreements you may enter into with us in connection with Online Services, together shall constitute the entire agreement between you and us concerning Online Services.

Our Contact Information: If you have any questions about this Agreement, or Online Services in general, please contact us at:

Teachers' Retirement Allowances Fund
330 - 25 Forks Market Road, Winnipeg, MB R3C 4S8
204-949-0048 or 1-800-782-0714
info@traf.mb.ca

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