Saguaro Resources Ltd.
(“Saguaro”)
Web Site Terms and Conditions of Use
Please read the following carefully as use of this Website constitutes acceptance of the following.
Stakeholders (as defined below) are subject to specific additional terms and conditions as set out below.
Terms and Conditions for Viewing this Website
Your use of this website (“Website”) constitutes acceptance of these terms and conditions (“Agreement”). The consideration for this Agreement includes your being provided with access to this Website and the Information (as defined below). Any downloading, viewing or use of the Information is conditional on your acceptance of this Agreement and further constitutes and confirms your acceptance of this Agreement. This Agreement defines the limited license granted to you, contains disclaimers, indemnities and limitations, and limits your legal rights. If you do not accept and agree to this Agreement, you must not access or use this Website.
Limited License
Conditional on your accepting and entering into this Agreement with Saguaro, Saguaro grants a limited, revocable, non-exclusive, personal and temporary license to access, download, display, view, print and save information and content (collectively, the “Information”) available on or through this Website for your own personal and non-commercial use. You do not own the Information. This Agreement does not give you permission to modify the Information, to publish, distribute or disseminate the Information, to create or develop compilations or derivative works based on or incorporating the Information, to convert the Information into another format, or to remove any proprietary notices or to use the Information in any other manner than expressly permitted in this Agreement. The license granted under this Agreement may be terminated at any time by Saguaro without cause or notice and without any liability whatsoever to you.
Intellectual Property Rights
The Website and the Information (other than Third Party Links, described below), including all trademarks, trade names, designs and logos, together with the design, selection, arrangement and layout of the Website, including its elements and features, are subject to copyright, trade-mark and other intellectual property rights of Saguaro, or its licensors, and are subject to international laws and treaties protecting intellectual property. All rights not expressly granted by this Agreement are reserved.
Framing of this Website or its contents, including the Information, or linking to internal pages of this Website other than the home page located at http://www.saguaroresources.com is prohibited without the written permission of Saguaro.
Saguaro, Saguaro Resources, Saguaro Resources Ltd., and any and all related logos, graphics and designs are trade-marks of Saguaro Resources Ltd., or its licensors, all rights reserved.
Stakeholders
“Stakeholders” means shareholders and investors in Saguaro, and may include other individuals who Saguaro permits to set up an account with us permitting log in to the Investor Login portion of this Website. If you are a Stakeholder, you warrant and represent that any and all information provided to Saguaro by you will be true and accurate.
Confidential Information
Certain documents, records and information made available by Saguaro to Stakeholders are strictly confidential. “Confidential Information” means and includes all documents, records, data and information made available by Saguaro in the Investor Login portion of this Website, except such documents, records, data and information as may be or become, through no breach of this Agreement, publicly available. If you are a Stakeholder, you will be required to enter into and accept the terms and conditions of this Agreement by means of a click-through mechanism, and you specifically agree that you will maintain all Confidential Information in strict confidence, and that you will not publish, disclose, disseminate, copy or distribute any Confidential Information except as permitted in writing by Saguaro, and further that you will not use Confidential Information except for your own personal purposes.
Saguaro has the right, but not the obligation, to mark the Confidential Information so that it may be tracked and any wrongful use or disclosure identified. Such marking may be inserted into the Confidential Information in a visible manner so as to appear if printed, and may identify you, as a Stakeholder, as the individual who downloaded or printed the Confidential Information, or such marking may not be visible but may allow identification and tracking, including online, of the Confidential Information by Saguaro using technical means. Stakeholders consent to the insertion into the Confidential Information of their name and/or date of access or printing, for the foregoing purposes.
Forward-Looking Statements
This Website is maintained by Saguaro as an informational service for convenience only, and the Information is not intended to supplement or substitute for the formal legal disclosure and regulatory compliance and filings of Saguaro. The Information contains, or may contain certain forward-looking statements (the “Statements”) that reflect the expectations or views of Saguaro with respect to the business and performance of Saguaro and related future events. The words, “anticipate,” “expect,” “estimate,” and similar expressions are intended to identify such Statements. While Saguaro will take reasonable steps to ensure that any Statements are current at the time of posting on the Website, you acknowledge and agree that all such Statements are subject to a number of risks, uncertainties and assumptions that may cause actual results to be materially different from those expressed or implied. You agree that in no case will Saguaro be liable for any difference between actual results and the contents of the Statements, and you further agree that Saguaro shall have no obligation, now or at any time in the future, to update, revise, edit, modify or delete the Statements, the Information, or other contents of this Website, or any portion thereof, in a timely fashion or at all. Saguaro does not give any guarantee, condition, representation or warranty as to the accuracy, completeness, validity, currency, sufficiency, availability or reliability of the Statements or of the Information. You acknowledge and agree that the Information contained in this Website has or may have been filed pursuant to applicable securities laws or other laws, and that the Information is not the official versions of the disclosure documents of Saguaro. If you wish to obtain official copies of any such documents, you will do so either from applicable securities regulators or from Saguaro.
Application of Alberta Law
Subject to the rights of Saguaro to seek equitable relief in any court of competent jurisdiction as provided in this Agreement, the laws of the province of Alberta, Canada, and the laws of Canada applicable in Alberta, will govern the interpretation, validity and effect of this Agreement. You irrevocably at torn to the non-exclusive jurisdiction of the courts of Alberta, sitting at Calgary, without regard to their conflicts of laws provisions. The foregoing will in all cases apply notwithstanding your physical location, jurisdiction, residence or domicile.
Disclaimers and Limitations
The Website and the Information are made available for general informational purposes only and subject always to this Agreement. The Information, including the Statements, does not constitute investment, financial, business, tax, legal or other advice of any kind. You agree, warrant and represent that you will not take any steps or actions, or refrain from taking any steps or actions, in reliance on, or based on, or because of the Information, or any portion thereof, including without limitation the Statements, and that you will in all respects adhere to all provisions of this Agreement. You will indemnify and forever save harmless Saguaro from any damages arising out of any breach by you of the foregoing warranties and representations.
THE WEBSITE IS PROVIDED STRICTLY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. SAGUARO GIVES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ANY TIME OR AT ALL.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SAGUARO, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE INFORMATION OR THIS WEBSITE, WHETHER AUTHORIZED OR UNAUTHORIZED, OR
ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THIS WEBSITE OR THE INFORMATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR
SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY OR BREACH OF ANY DUTY.
YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF SAGUARO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU FURTHER AGREE THAT, IN ANY EVENT, THE TOTAL AGGREGATE DAMAGES FOR WHICH SAGUARO MAY BE LIABLE TO YOU WITH RESPECT TO OR ARISING OUT OF ANY OF THE FOREGOING, OR THE CONTENT, THE INFORMATION, THE STATEMENTS OR THE WEBSITE, OR ANY CLAIM OF ANY KIND ARISING UNDER THIS AGREEMENT OR OTHERWISE SHALL BE IN ALL CASES LIMITED TO A MAXIMUM SUM OF $100.00 IN CANADIAN CURRENCY.
Insecurity of the Internet
You acknowledge your understanding that the Internet, including email, is an insecure and not fully dependable medium or means of communication or of obtaining information and that data and information may be lost, modified, distorted, intercepted, reviewed or read while in transit. Further, the Information may not be complete or accurate when accessed, downloaded, viewed or used by you. You agree that Saguaro shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Information.
You also agree that, while you may send email or electronic messages to Saguaro by use of links in this Website, where and when the same are available, which availability Saguaro does not warrant or represent, or otherwise, you understand the risks of using email or electronic messaging systems Saguaro cannot ensure that an email or electronic message from you will not be intercepted or altered in transit, or that Saguaro will in fact receive it. If you wish to send information securely and confidentially to Saguaro, or if you wish to be sure that Saguaro responds to you, you will not use email or electronic messaging.
Any personal information sent by you to Saguaro will be considered to be provided with consent, and will be subject to our General Privacy Policy.
Equitable Remedies
In the event of any breach by you of this Agreement, and in addition to and not in substitution of any other right or remedy Saguaro may have, Saguaro shall have the right to seek equitable relief, including an injunction or order for specific performance, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.
Changes to this Agreement
You agree that Saguaro may modify or replace this Agreement at any time by posting the changed version on the Website, and, by doing so, Saguaro will be deemed to have provided you with good and sufficient notice of any and all such modifications or replacements. You agree that it is your responsibility to check for such changes each time you access or use the Website or the Information, and each such access or use will confirm your acceptance of this Agreement, including any changes made.
Links and Third Party Websites
Links to third party website contained in the Website are provided to you as a convenience only. Such links are accepted by you “as is”, “where is” and “as available” and subject to the disclaimers and limitations set forth in this Agreement. Your use of such links will take you to websites that are controlled by third parties and not Saguaro, and that are subject to change at any time. Saguaro accepts no obligation to monitor or police such links, or to change or remove them should the content of any such third party linked website be unavailable or objectionable, or any liability should it not do so in a timely fashion or at all. You therefore access such third party websites solely at your own risk and agree that in no event shall Saguaro be liable for the contents of any such website, or for any reliance by you upon such website or use of its contents.
