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ATCO POWER LTD.
TERMS OF USE, DISCLAIMER AND PROPRIETARY
RIGHTS
TERMS OF USE
The following describes
the terms under which you may access and use ATCO Power Ltd.’s (“ATCO
Power”) website located at ATCO Power.com (the “ATCO Power Website”) as
well as use any information posted on the ATCO Power Website. By
accessing the website, you are agreeing to be bound by the terms of this
Agreement. If you do not agree with the terms and conditions set out in
this Agreement you may not access or use the ATCO Power Website or any
information contained on the ATCO Power Website.
The terms and conditions
set out in this Agreement may be changed from time to time. It is your
responsibility to check for such changes. If you do not agree with any
amendment you must stop using and accessing the ATCO Power Website.
LIMITED LICENSE
You are granted a
limited license only to display and print information contained on the
ATCO Power Website for your own personal, non-commercial use. You may not
otherwise reproduce, modify, republish or disseminate any information
contained on the ATCO Power Website in any manner or form whatsoever.
NO WARRANTY
THE WEBSITE AND ALL
INFORMATION CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND
IS USED BY YOU AT YOUR SOLE RISK. ATCO POWER MAKES NO EXPRESS OR IMPLIED
WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY
DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SOFTWARE AND
WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ATCO
POWER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS,
PROBLEMS OR LIMITATIONS IN ITS SOFTWARE OR THE CONTENT OF THE WEBSITE.
ATCO Power does not
guarantee and disclaims all liability for the quality, accuracy,
completeness or timeliness of any information contained on the ATCO Power
Website. ATCO Power makes no commitment and disclaims any duty to update
any information contained on the ATCO Power Website. Any information
contained on the ATCO Power Website may be changed at anytime without
notice.
DISCLAIMER OF
LIABILITY
IN NO EVENT SHALL ATCO
POWER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR INABILITY TO USE THE ATCO POWER WEBSITE OR ANY USE OR
RELIANCE ON ANY INFORMATION CONTAINED ON THE ATCO POWER WEBSITE HOWEVER
ARISING, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST BUSINESS
PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY
LOSS, WHETHER IN AN ACTION ON CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF
ATCO POWER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
IN ALL OTHER
CIRCUMSTANCES ATCO’S POWER TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
External Links
Links to websites
outside of the ATCO Power Website are provided as a convenience only and
are not part of the ATCO Power Website. No endorsement of any third party
products or services, information, material or content referred to or
included on, or linked from the ATCO Power Website is expressed or
implied.
SECURITIES
INFORMATION DISCLAIMER
No Securities
Solicitation
Nothing on the ATCO
Power Website is intended to constitute a solicitation or an offer to buy
or sell any security.
Securities Disclosure
Some of the continuous
disclosure documents filed by ATCO Power with securities regulatory
authorities in Canada may be listed on the ATCO Power Website as a
convenience only. The ATCO Power Website may not be the most current or
complete source for these documents because:
a)
Current documents may not be posted;
b)
Not all documents that have been filed with securities regulatory
authorities will be posted on the ATCO Power Website; and
c)
When documents are posted to the ATCO Power Website the documents
or information contained in them may be lost or corrupted during such
posting.
IF YOU ARE GOING TO RELY
ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT
DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES.
IF YOU NEED THE MOST CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS
THAT HAVE BEEN FILED WITH THE SECURITIES REGULATORY AUTHORITIES.
Forward Looking
Statements
Some of the documents
filed by ATCO Power with the securities regulatory authorities may contain
forward-looking statements under applicable securities law. The reader is
cautioned that the assumptions used in the preparation of these statements
involve risks and uncertainties that may cause actual results to differ
materially from the forward-looking statements. A full description of
these risks and uncertainties may be found in ATCO Power’s continuous
disclosure documents as filed with the securities regulatory authorities.
Caution
Individual statements
appearing in ATCO Power’s securities filings are intended to be read in
conjunction with and in the context of the complete documents in which
they appear, including any documents incorporated therein by reference
thereto, rather than as stand-alone statements. Further, these documents
are not intended to be read in conjunction with any other material,
including the content of the ATCO Power Website.
Also note that the
continuous disclosure documents are only current as of the date on which
they are filed with the securities regulatory authority.
PROPRIETARY RIGHTS
Except as otherwise
noted, the content, text, graphics and software located on or at the ATCO
Power Website are Copyright © 2000 - 2001 ATCO Ltd.
Certain words, phrases,
names, designs or logos used on the ATCO Power Website may constitute
trademarks, service marks or trade names of ATCO or other entities.
Except as specifically set out herein, you may not use any such
trademarks, service marks or trade names in any manner whatsoever.
GENERAL
This Agreement, the
relationships between you and ATCO Power and the use of ATCO Power’s
Website and the resolution of any dispute arising between the parties
shall be governed and construed in accordance with the laws of the
Province of Alberta and those of Canada applicable therein, without
reference to their conflicts of laws. You agree that any legal action or
proceeding between you and ATCO Power which in any way concerns this
Agreement or the use of the ATCO Power Website or any information
contained thereon shall be brought exclusively in the courts of Alberta.
Notwithstanding the foregoing, either party may apply to any court of
competent jurisdiction to obtain injunctive relief. ATCO Power’s
headquarters are in Alberta.
ATCO Power makes no
representation that access to the ATCO Power Website or that the
information contained thereon is appropriate or legal in all
jurisdictions. You may not access the ATCO Power Website or use any
information in those jurisdictions where it would be illegal. In any
case, your access to the website is entirely at your own initiative and
you are responsible for ensuring that all laws are complied with.
All references herein to
ATCO Power shall be deemed to include any subsidiary, affiliate, associate
or successor corporation of ATCO. |
