Terms And Conditions Of Use
This document ("Agreement") sets out the terms and conditions governing your access to and use of the NuVista Energy Ltd. ("NuVista") website (this "Web Site"), including all information, data, software, computer code, content and web pages contained in it ("the Content").
The following are the terms and conditions of a legal agreement between you ("Users") and NuVista. By viewing, accessing, downloading, experiencing or otherwise using this Web Site or any of the Content, Users acknowledge, warrant and represent, knowing that NuVista is relying on such warranty and representation, that Users have read and understood the terms and conditions of this Agreement and Users confirm, in consideration of NuVista granting Users access to this Web Site, that Users have accepted and agreed to those terms and conditions.
This Agreement grants Users a limited license to view, access, download, experience and use ("use") the Web Site and the Content but conveys no ownership or proprietary interest of any kind therein. This Agreement further disclaims liability and limits the legal rights, if any, of Users.
Therefore, Users are required to read this Agreement carefully and, if Users do not accept the terms and conditions set out in this Agreement, Users should not use this Web Site and should leave it immediately.
Important Notice Concerning Securities
All Content contained in or available through this Web Site is for information purposes only and is not intended to constitute an offering of securities of any kind in any jurisdiction. Information disclosed elsewhere or through other means under the corporate and securities laws of Canadian jurisdictions applicable to NuVista is not intended to be, and is not in any way qualified, amended, modified, updated, replaced or supplemented by the Content or any information available in, through or on this Web Site.
Except as otherwise required by law, or as otherwise expressly stated in writing by NuVista, NuVista disclaims and Users receive no warranties, representations, guarantees, covenants or conditions of any kind, express or implied, with respect to this Web Site or the Content, both of which are provided "as is", "where is" and "as available". Users use this Web Site and the Content, and further make or exercise any reliance thereon, voluntarily and solely at their own risk. Without limitation, Users waive and NuVista disclaims any warranty or condition of merchantable quality, of non-infringement, or of fitness for a particular purpose or condition, and any warranty or condition arising from statute or otherwise in law or from a course of dealing or trade. NuVista does not warrant that the Web Site will be continuously available or at all, nor does NuVista warrant that the Content will be free of viruses, Trojan Horses or other harmful content resulting from malicious human action or technical malfunction.
Accuracy and Timeliness of Content
While any information and material contained in the Content are reasonably believed by NuVista to be accurate and complete at the time of their posting, and although NuVista makes reasonable efforts to ensure that all such information and material remain current, accurate and complete, NuVista accepts no liability, responsibility or obligation whatsoever to post, update, amend, review or remove such information, material or the Content or any portion thereof except as may be required by applicable law. Users acknowledge that such facts, information and material may change quickly and without notice and that such changes will take time to be posted to the Web Site, if they are posted at all. NuVista may post, change, delete and amend Content without notice.
Exclusion of Liability
In no event will NuVista, or its officers, directors, agents, shareholders, servants or employees, be liable to any User for any damages whatsoever, and howsoever caused, including without limitation, direct or indirect, special, incidental, moral or consequential damages, loss of profits, loss of opportunities or information, economic loss, or for any loss or expenses arising in connection with this Web Site or the Content, even if NuVista is advised of the possibility of such damages, losses or expenses.
Submission of Information
Although NuVista will make reasonable efforts to maintain any information you provide in confidence, you agree that any information you provide or send to NuVista through this Web Site will not be considered to be private, confidential or proprietary and will not be accepted as such by NuVista. By submitting information to NuVista through this Web Site, you represent and agree that such information is provided with your full consent and is not private, confidential or proprietary and that NuVista will be free to use such information as it sees fit or as may be required by law. You assign any copyrights in or to the contents of any information you send to NuVista and you waive any and all moral rights therein. NuVista shall own and be at liberty to freely use, without payment of any compensation, any improvement, suggestion, invention or innovation you may send to NuVista.
Forward Looking Statements
Certain information set forth in this web site, including management’s assessment of NuVista’s future plans and operations, contains forward-looking statements, which are provided to allow investors to better understand our business. By their nature, forward-looking statements are subject to numerous risks and uncertainties, some of which are beyond NuVista’s control, including 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 and services, stock market volatility, changes in environmental regulations, tax laws and royalties and the ability to access sufficient capital from internal and external sources. 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. NuVista’s actual results, performance or achievement could differ materially from those expressed in, or implied by, these forward-looking statements, or if any of them do so, what benefits that NuVista will derive therefrom. NuVista disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.
Intellectual Property Rights, Copyright and Trademarks
Users are granted a limited, non-exclusive, temporary and revocable license to view, access, download, experience and use the Content contained in this Web Site for their personal purposes but receive no ownership or proprietary interest of any kind in the Content. The Content is subject to copyright ©, and is protected under the copyright laws of Canada and other countries, all rights reserved. Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this website may constitute trade names, trademarks or service marks of NuVista or its subsidiaries, or the use of which may have been licensed to them. The display of trademarks, trade names or service marks on pages at this website does not imply that a license of any kind has been granted to Users or anyone else and any such license, express or implied, is hereby disclaimed. Any unauthorized copying, downloading, transmission, retransmission, publication, republication, display, distribution or modification of material posted on this Web Site, including the Content, trademarks, trade names, and service marks, may violate federal, provincial, common or civil law trademark law and copyright law, and may result in legal action.
Links to Third-Party Websites
NuVista does not control any third-party website and is therefore not responsible for the content of any linked website, the functioning or availability of any such website, or any link contained in a linked website. NuVista provides such links only as a convenience and the inclusion of any link does not imply, confirm or signify any endorsement, investigation or verification by NuVista of the linked website or information contained therein and NuVista makes no warranty, representation, guarantee or condition with respect to any such website.
This Agreement shall be construed and governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, and shall be deemed to be a contract made in Alberta. Users agree that any dispute arising under this Agreement, or out of the Web Site, or out of the Contract shall be litigated only in the courts of the Province of Alberta and Users attorn to the exclusive jurisdiction of the said courts.
Amendment and Updating
NuVista may amend these terms and conditions from time to time. By using this Web Site, Users confirm and agree that they are bound by the most current terms and conditions of this Web Site and agree to periodically review this Agreement to determine the most current terms and conditions and, if the same are not acceptable, Users agree to immediately cease using this Web Site.