Terms and Conditions | Park Avenue

LEGAL

Last Updated: January 2025

Terms & Conditions

The following outlines the terms and conditions of use (referred to as the “Terms of Use”) for the website (the “Site”) operated by Park Avenue Asset Management, including its successors and assigns (collectively referred to as the “Company,” “we,” “us,” or “our”). These Terms of Use, together with the Privacy Policy, form a legally binding agreement between you and the Company governing your access to and use of the Site and associated activities. Should any portion of these Terms of Use be deemed unlawful, invalid, or unenforceable, that portion will be severed and will not affect the enforceability or validity of the remaining provisions. Any failure by us to enforce any right or provision within these Terms of Use will not constitute a waiver of such rights unless explicitly stated in writing.

These Terms of Use apply to all users of the Site, including those who upload any type of content or materials, utilize services provided through the Site or its web application, or simply browse the Site and its available materials. By accessing or using the Site in any manner, you confirm that you have read, understood, and agreed to these Terms of Use. If you do not agree to abide by these Terms of Use, you should immediately discontinue your use of the Site, its content, and any associated services.

The Company retains the right to revise, update, or supplement these Terms of Use periodically, as it deems necessary, by introducing additional terms and conditions that may govern specific information, content, products, or services provided through the Site (“Additional Terms”). By continuing to access or use the Site, you accept and agree to any such Additional Terms. It is recommended that you periodically review these Terms of Use to stay informed about any updates or modifications.

These Terms of Use do not modify or override any other agreements you may have with the Company unless expressly agreed upon in writing. If you violate any of these Terms of Use, the Company reserves the right to terminate your access to and use of the Site.

The Site and its Contents

The Site is operated and maintained by the Company and serves as a platform to provide information about our products and services while enabling individuals to engage with our team throughout the mortgage process. Any information shared on the Site regarding our products and services is for informational purposes only and should not be interpreted as a solicitation or recommendation to use or rely on such information.

The Company reserves the right to modify the Site and its content, including details about our products and services, at any time. While we make every effort to provide accurate and up-to-date information, the Site may occasionally contain inadvertent technical issues, factual inaccuracies, or typographical errors. Consequently, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. We disclaim any obligation to update, amend, or maintain the Site and may discontinue any products or services featured on the Site without prior notice.

The Site and its contents are owned by us or our licensors and are protected by applicable copyright, patent, trademark and other intellectual property laws. As such, while you may use the Site for reasonable personal purposes, you must not do so for commercial

purposes. You cannot, or allow any third party, to use, reproduce, modify, create derivate works from, display, perform, publish, distribute, disseminate, broadcast or circulate, or otherwise use, any content, including but not limited to, our name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.

User Content

All Content publicly posted, uploaded on our Site, or privately emailed, transmitted or otherwise made available through the Site by users, including you (“User Content”), is the sole responsibility of such users. By making User Content available through our Site, you

grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content (subject to exceptions stated in the Privacy Policy). You also represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content made available by you.

We do not actively monitor or control User Content. As such, we cannot guarantee or warrant its accuracy, integrity or quality. By accessing the Site, you acknowledge and agree that you may be exposed to User Content that is offensive, indecent or objectionable to you.

We reserve the right at all times (but will have no obligation) to edit, remove or refuse to distribute any User Content and to terminate users or reclaim usernames, in its sole discretion.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms of Use, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests; or
protect the rights, property or safety of our users and the public.

Third-Party Information

The Site may contain links to third-party websites, including social media websites, that we do not own or control. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by us of that third party, third

party product or service. We are also not responsible for the content of any linked websites. If you click on a link to another website, you do so at your own risk, subject to the terms and conditions of that website. We reserve the right to remove links to third-party websites at any time.

Intellectual Property Infringement

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to: investors@park-avenue.ca

In your written notice, please provide the following information:

Identification of the intellectual property claimed to have been infringed;
Identification of the contents that you claim are infringing your intellectual property;
Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you believe that use of the contents in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Using the Site

These Terms of Use and your use of the Site is governed by all applicable local, provincial, state and federal laws and regulations.

In addition to other prohibited uses stated herein, you also must not use, allow, or enable others to use the Site, or knowingly condone the use of the Site by others, in any way that is, likely is, or attempts to:

be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
violate the privacy of any individual, including users of the Site; affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
advocate or encourage any illegal activity;
messages, or so-called “spamming” and “phishing”;
transmit, distribute, or upload content or programs that contain any viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer hardware or software, telecommunications equipment or data, the Site, or that of any viewers or users of the Site;
infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of the Company or any third party;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any software provided as part of the Site;
access the Site in a manner that utilizes the resources of the Site more heavily than would be the case for an individual person using a conventional web browser; or
violate any applicable local, provincial, state or national laws or regulations (anywhere in the world). You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Security

You are responsible for safeguarding your account information, including the password you use to access the Site, and any activities or actions under your account and password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

Disclaimer of Representations, Warranties and Conditions

You explicitly acknowledge and agree that your access to and use of the Site is entirely at your own risk. The Site is provided on an “as is” and “as available” basis without any guarantees.

Specifically, neither we nor our licensors make any representations or warranties to you that:

your use of the Site will meet your requirements;
your use of this Site will be uninterrupted, timely, secure or free from error;
any information obtained by you as a result of your use of the Site will be accurate or reliable;
that defects in the operation or functionality of any software provided to you as part of the Site will be corrected; and
concerning security of any communication to or from the Site, or the interception by third parties of personal or other information.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement.

In addition, we do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any produce or service advertised or offered by any third party through the Site or in respect to any website that can be accessed by a link

on our Site, featured in a banner or any other advertising on the Site, and we will not be a party to any transaction that you may enter into with such third party.

Limited Liability

You expressly understand and agree that we and our licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, exemplary or other damages or losses whatsoever, including without limitation, any damages that result from:

your use of or your inability to use the Site, or products or services provided through the Site;
the cost of procurement of substitute products, data, information or services;
any changes we make to the Site, or for any permanent or temporary cessation in the provision of the Site (or any features within the Site);
errors, mistakes, or inaccuracies in any content on the Site;
the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through your use of the Site;
personal injury or property damage of any kind whatsoever arising from or relating to your use of the Site, any bugs, viruses, Trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Site;
any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and a third party that advertises on the Site;
your failure to provide us with accurate account information;
your failure to keep your password or account details secure and confidential; and
any other loss or damage of any kind arising from or relating to your use of the Site.

The foregoing limitations shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. The limitations shall also apply to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend and hold harmless the Company and its subsidiaries, their successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers and suppliers from any liability,

loss, claim, action, proceedings, demands, damages, losses, costs and expense (including reasonable legal fees) related to your use of the Site and your violation of these Terms of Use.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in defense of any such claim, action, settlement or compromise negotiations, as we may request.

Availability & Updates

We may alter, suspend, or discontinue this Site at any time and for any reason or no reason, without notice. The Site and features provided through the Site may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or

other reasons. We may periodically add or update the Site without prior notice.

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Site or portions thereof. Reasons for such termination may include, but not be limited to:

breaches or violations of these Terms of Use or any other agreement that you may have with us;
requests by law enforcement or other government agencies;
when we are required by applicable law;
a request by you;
discontinuance or modification to the Site (or any part thereof);
an expected technical, security or legal issues or problems, and/or
participation by you, directly or indirectly, in fraudulent or illegal activities.

Termination of your access to the Site may also include the removal of some or all of the materials uploaded by you to the Site. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to the Site or for the removal of any of the materials uploaded by you to the Site. Any termination of these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have.

Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree”. Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

Our Consent

To request our consent for anything herein that requires our consent under these Terms of Use, please send an email to investors@park-avenue.ca. We reserve the right to refuse any such requests in our sole discretion.