Website Terms Of Use - Legal Terms And Conditions
Please read carefully. The following constitutes a legal and binding contract between you and alaris royalty corp. ("Alaris").
Any personal information submitted by you to Alaris will be subject to Alaris's Privacy Policy for this Website.
Alaris, including its affiliates and subsidiaries (collectively, "Alaris", "we", "us" or "our"), grants you a limited, gratuitous and revocable non-exclusive license to view and access the website located at www.alarisroyalty.com ("Website") subject to your unconditional acceptance of and compliance with these Legal Terms and Conditions ("Terms"). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website.
We reserve the right to modify these Terms at any time without prior notice by posting such modifications or modified Terms on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified. You agree to regularly review these Terms.
Except as may be expressly authorized by us, any reproduction, modification or distribution of the Website materials or content is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Alaris or any of its respective employees, agents, officers, directors or service providers shall not be liable to you or any third party should we exercise this right.
Ownership
Alaris or its service providers own all right, title and interest in the Website, including all associated market data and information. The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound (the "Information").
You are not granted any rights and you acquire no interest in or to this Website or any Information, other than the limited right described in these Terms and any policies and procedures that Alaris may adopt and make available on this Website from time to time, including the Privacy Policy referenced above and below.
Copyright
The Website and the Information, including the design, selection and arrangement thereof, are protected by copyright under copyright laws and international treaties. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Website shall grant you any rights in or to the copyright or other intellectual property or proprietary rights of Alaris or any third party.
Alaris hereby grants to you a licence to download one copy of materials published by us on this Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. Alaris prohibits any other use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing and reciting) of any Information, without prior permission in writing from Alaris, except when use of the Website is for private, non-profit purposes or is authorized by law. For cases of using the Website beyond the scope of copyright described above, contact us at 403-221-7305.
Trademarks
All of the brands, names and related words and logos of Alaris referred to on the Website and used in connection with the products and services of Alaris, including all of the brands, names and related words and logos of Alaris Portfolio Companies are trademarks and/or trade names of Alaris. Nothing in these Terms or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such trademarks or trade names. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Alaris or of third parties is strictly prohibited.
Website Links
Certain links on this Website lead to other websites ("Linked Sites"). The Linked Sites are maintained by independent parties over which Alaris has no control. The contents of each Linked Site should be used in compliance with the terms of use stated therein. Alaris makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Alaris disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by Alaris of that third party website, or as an endorsement of the products, services or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between Alaris and the party running the third party website. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not Alaris.
You may not frame this Website or link to this Website without our express permission. If you wish to link to this Website please contact us at 403-221-7305.
Stock Price Information
Alaris does not warrant or guarantee the sequence, accuracy or completeness of any stock price information and is not liable or responsible in any way for delays, inaccuracies, errors or transmission of stock price information. Any and all stock price information provided is not to be relied upon for any trading, business or financial purpose and Alaris and its service providers shall not be liable or responsible to you or any other person in any way for any claims, suits, demands, damages, losses or costs arising from reliance upon this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the stock price information and, should you choose to do so, you engage in such reliance solely at your own risk.
No Solicitation
Material contained in or accessible through this Website is for information purposes only and is not intended to and does not constitute an offering of securities in any jurisdiction. Alaris does not assume any duty of disclosure beyond what which is required by applicable law.
Alaris is subject to the securities laws of various jurisdictions. Information disclosed or provided by us pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website. Our publicly filed disclosure documents regarding Alaris can be viewed at www.sedar.com and our publicly filed disclosure documents regarding Alaris' insiders can be viewed at www.sedi.ca.
Investment Decisions
The information set out in this Website should not be used for the purpose of making investment decisions with respect to Alaris's securities. If you are contemplating trading in Alaris's securities, you should review our publicly filed disclosure documents at www.sedar.com and contact your securities broker or financial advisor.
Forward-Looking Statements
This Website (and the documents and information accessible through the Website) may contain forward-looking statements, including management's assessment of Alaris's future plans and operations. By their nature, forward-looking statements involve numerous assumptions, risks and uncertainties, some of which are beyond Alaris's control. These include, but are not necessarily limited to: the impact of general economic conditions, industry conditions, volatility of commodity prices, currency fluctuations, imprecision of reserve estimates, environmental risks, competition from other industry participants, the lack of availability of qualified personnel or management, stock market volatility and ability to access sufficient capital from internal and external sources. These and other factors contribute to the possibility that the predictions, forecasts, projections and various future events will not occur. You and all readers are cautioned that the assumptions used in the preparation of such information, although considered reasonable at the time of preparation, may prove to be imprecise and, as such, undue reliance should not be placed on forward-looking statements. Alaris's actual results, performance or achievement could differ materially from those expressed in, or implied by, these forward looking statements, and accordingly, no assurance can be given that any of the events anticipated by the forward-looking statements will transpire or occur, or if any of them do so, what benefits Alaris will derive therefrom. Further discussion of risks, uncertainties and other factors that negatively affect the reliability of the forward-looking information are discussed in our public filings with the Canadian securities regulatory authorities and on SEDAR. We further caution that information contained on, or accessible through, this Website is current only as of the date of such information and may be superseded by subsequent events. Alaris undertakes no obligation to update, edit, publish or otherwise revise any documents or information available through the Website, including any forward-looking information, whether as a result of new information, future events or other factors.
Compliance with Laws
In addition to complying with these Terms, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner that could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
Disclaimers, Limitations of Liability and Indemnification
You understand and agree that:
Use of the Website is at your sole risk. The Website is provided on an "as is", "as available" and "when available" basis. Alaris and its service providers disclaim any and all warranties with respect to the Website, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for a particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement.
The downloading, reading and review of material from the Website or Linked Sites is done solely at your own risk. Alaris does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site.
You agree that you will not rely on any opinion or other information set out in the Website or any website accessible through the Website when making business, financial, personal or any other decisions. Alaris and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessible through the Website.
IN NO EVENT SHALL ALARIS BE LIABLE FOR ANY (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND, (III) CLAIMS OF THIRD PARTIES, OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL BE CUMULATIVE LIABILITY OF ALARIS AND ITS SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED CDN. $10.00.
THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OR CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ALARIS AND ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.
You agree to indemnify and hold Alaris and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) that Alaris may incur or suffer as a result of your use of this Website or arising out of your breach of these Terms.
Jurisdiction and Governing Law
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the interpretation of these Terms. The courts of the Province of Alberta, without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action.
Privacy
We are committed to the protection and security of your privacy and personal information. Please refer to our Privacy Policy for this Website, which is incorporated herein by reference.
General
These Terms, any and all other notices, policies and statements contained on the Website constitute the entire agreement between Alaris and you. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything in the Website or any prior communication with you inconsistent with these Terms. No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.
Effective date: November 18th, 2008
Personal Information
Personal information means information about an identifiable individual. This does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified, nor does it include business contact information used to contact an individual in their capacity as an employee or official of an organization.
Application
This Website Privacy Policy ("Policy") is a summary of the privacy practices and policies of Alaris Royalty Corp., including its affiliates and subsidiaries (collectively, "Alaris", "we", "us" or "our"), governing this website ("Website"), and is applicable to visitors to this Website. We may from time to time revise this Policy to reflect changes in our procedures regarding personal information and post the revised version of the Policy on this Website. Upon posting on this Website, the revised Policy will come into effect.
Privacy and this Website
While you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and your Internet Protocol ("IP") address, which may identify your Internet Service Provider or computer but normally not the person using it, simply visiting our Website does not result in our collecting any personal information from you. If you visit the Website and you permit "cookies", then Alaris only has the means to track your use of the Website and Alaris has no means to determine who you are unless you provide your personal information. (See the documentation provided with your Internet browser for more information on cookies and how to disable them; however, please note that it may not be possible to utilize certain services available through the Website if cookies are rejected.)
While Alaris makes reasonable efforts to maintain the security of personal information in its custody or control, please be advised that the Internet and e-mail are inherently insecure media, and Alaris accepts no liability for the security or privacy of personal information in transit over the Internet.
Alaris may collect, use and disclose aggregate or anonymous information for purposes of analyzing traffic to and within this Website, improving the experience of users of this Website and related business purposes.
Consent
It is our policy to collect, use and disclose personal information only with consent of the individual to whom the personal information pertains; however, we reserve our right to do so without consent where required or permitted by law, such as, for example, in course of an investigation or in relation to a legal proceeding. We do not sell personal information to any third party.
By accessing this Website, you confirm your consent to the contents of this Policy. If you do not agree with the contents of this Policy, or to our collection, use or disclosure of personal information as described in this Policy, you should not access this Website.
Unsolicited or Voluntary Personal Information
If you choose to voluntarily submit personal information to us by e-mail, online forms or other means, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, or if you request ongoing provision of information, after our initial response, we may communicate further with you with information that may be useful, but we will include instructions on how to terminate receiving such further information. We may share your personal information with our employees or contractors if reasonable to do so having regard to the purposes for which you have provided us with your information. It is important that any information you provide to us is up to date and accurate; therefore, if you have provided personal information to us, we request that you keep us informed of any changes to your personal information.
Resumes submitted may be reviewed for purposes of consideration of the individual submitting the resume for employment. We accept no obligation to review any resume or reply to any person submitting a resume but may do so if we wish to pursue or consider the possibility of entering into an employment relationship. Resumes received are retained for a reasonable period of time, with consideration given to how long a resume should be retained as a position not open at the time the resume was received may become open subsequently, so resumes may be kept on file with potential employment in mind. We may also retain a resume for as long as required for reasonable legal purposes. When no longer required for reasonable business or legal purposes, resumes will be securely destroyed. For further information you may contact us as provided in this Policy.
Privacy and E-mail Communication with Alaris
We may have in force acceptable use policies with respect to our computers, systems and e-mail received by and sent from Alaris. In order to enforce such policies, we reserve the right, but not the obligation, to intercept and review the contents of e-mail, including any personal information provided by the recipients, authors or originators of e-mail messages. Users of our systems and computers have no expectation of privacy and, by using e-mail as a means of communication with us, you consent to such interception and monitoring.
Access to Information
You may have your contact information removed at any time by asking us to do so from any records or lists which we may use to correspond with you.
You may refuse to provide personal information to us. You may also withdraw any consent you have given us at any time, subject to applicable legal or contractual restrictions and reasonable notice. We will advise you of the effect of your withdrawal of any consent you have provided.
You may also ask us about your personal information and notify us of any corrections that may be necessary. We will reply to your request for access to your information in writing. If you wish to have access to any personal information about you that Alaris may have, please send us an e-mail at info@alarisroyalty.com, and we will reply with details of how to make such a request. We do not provide access to personal information by e-mail as, in order to ensure adequate security and confidentiality, we need to verify your identity before granting you access to your information. Your right to access is not absolute and, if we do not provide you will full access to your information, we will advise of what we are not granting and the reasons for that.
Third Party and Other Websites
Please note that the Website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties or their websites.
Further Information
For further information with respect to our privacy practices, or with respect to inquiries concerning personal information about you in our custody or control, or to update or correct your information, you may contact us at info@alarisroyalty.com.