Your use of the Border Petroleum Corp. website is subject to the terms and conditions listed below. Border Petroleum Corp. may amend the terms and conditions from time to time and you should check back regularly to ensure that you agree with the terms and conditions of use. Should you disagree to the terms and conditions listed herein as amended from time to time, you should not use the Border Petroleum Corp. website.
You understand and agree that the website, the services and the content are provided "as is" and that Border Petroleum Corp. assumes no responsibility in connection with your use of the website, the services or the content provided herein. The website, the services and the content are provided for your personal, non-commercial use and for informational purposes. You may not use any of the content or services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the content or services unless you have the prior written permission of Border Petroleum Corp., which permission may be withheld at Border Petroleum Corp. sole discretion.
You agree that the governing law of the terms and conditions and your use of the website and any content or services available through the website shall be the Province of Alberta and the federal laws of Canada and you agree to attorn to the Courts of the Province of Alberta. If you use the Border Petroleum Corp. website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Border Petroleum Corp. makes no representation that the materials contained within the Border Petroleum Corp. website are appropriate for customers outside of the Province of Alberta, Canada.
No Solicitation and Jurisdiction
Any information published anywhere on the Border Petroleum Corp. website shall not constitute an offer to sell or the solicitation of an offer to buy securities in any jurisdiction.
No Suitability Review, No Advice
No Suitability. Border Petroleum Corp. does not determine the general investment needs and objectives of the website user or provide determinations of suitability in respect of proposed purchases or sales of any securities.
No Advice. Border Petroleum Corp. does not provide advice or recommendations regarding the purchase or sale of any securities. Information on the website is for informational purposes only and is not intended to provide investment, financial, legal, accounting or tax advice and should not be relied upon in that regard.
Forward Looking Statements
This website may contain forward looking statements. Such statements involve known and unknown risks, uncertainties and other factors outside of management's control that could cause actual results to differ materially from those expressed in the forward looking statements. Neither Border Petroleum Corp. nor any of its affiliates undertakes any obligation to publicly revise such forward looking statements to reflect subsequent events or circumstances.
You agree that in connection with your use of the website, the services and the content you will not:
(a) interfere with or disrupt the website, the services, the content or servers or network connected to the website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the website, the services or the content; or
(b) intentionally or unintentionally violate any applicable local, state, national or international law.
You agree to indemnify, defend and hold harmless Border Petroleum Corp. and its subsidiaries and each of its respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claim or demand including solicitor and his own client costs and fees, arising out of your use of the website, your connection to the website, the content or the services, or your violation of the terms and conditions of use listed herein, or your violation of any applicable law, obligations or rights properly belonging to another party.
The website may provide, or third parties may provide, links to other worldwide websites or resources. Because Border Petroleum Corp. has no control over such sites and resources, you acknowledge and agree that Border Petroleum Corp. is not responsible for the availability of such external sites or resources and does not endorse nor is responsible or liable for any content, advertising, products or other materials or information on or available from such sites or resources. You further acknowledge and agree that Border Petroleum Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that:
(a) Border Petroleum Corp., the word mark and logo used in connection with Border Petroleum Corp., and any logos or word marks associated with the website are registered or common law trademarks of Border Petroleum Corp.;
(b) all Border Petroleum Corp. logos and word marks and other proprietary materials depicted on the website are the property of Border Petroleum Corp. or are licensed to Border Petroleum Corp. and may not be reproduced without the prior written consent of Border Petroleum Corp., whose consent may be withheld at Border Petroleum Corp. sole discretion;
(c) the content, including, without limitation, news articles, press releases, statistics, photographs, images, illustrations, information, audio and video clips, is the property of, or is licensed by, Border Petroleum Corp.;
(d) any necessary software used in connection with the website contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to Border Petroleum Corp.; and
(e) content contained on the website or information presented to you through the website and any services or content provided to you is protected by copyright, trademark, services marks, patents, or other proprietary rights and laws.
Except as expressly authorized by Border Petroleum Corp. you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the content, the services or any derivative work based on the information you have gained from the website or the software in whole or in part. You also agree not to modify the software in any manner or form, or to use modified versions of the software.
Disclaimer of Warranties and Conditions
You expressly understand and agree that:
(a) Your use of the website is at your sole risk. The website is provided on an "as is" and "as available" basis. Border Petroleum Corp. expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose.
(b) Border Petroleum Corp. makes no warranty that (i) the website, the services or the content will meet your requirements, (ii) the website, the services or the content will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from your use of the website, the services or the content will be accurate or reliable, (iv) the quality of any products, services, information obtained by you through the website, the services or the content will meet your expectations, and (v) any errors in the software operating on the website will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the website or the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from the website or through or from the services or the content shall create any warranty or condition not expressly stated in the terms.
Limitation of Liability
You expressly understand and agree that Border Petroleum Corp. shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Border Petroleum Corp. has been advised of the possibility of such damages), in contract, tort or any other cause of action, resulting from: (i) the use or the inability to use the website, the services or the content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website, the services or the content; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements posted by, or the conduct of, any third party on the website, the services or in the content, including, without limitation, the posting or transmission by third parties of defamatory, offensive or illegal material; or (v) any other matter relating to the website, the services or the content. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Border Petroleum Corp., its affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 9 and 10 may not apply to you.
Linking to the Website
No link to the website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the website must be to www.borderpetroleum.com, the website welcome page. "Deep linking" to internal pages of the website is expressly prohibited.
Border Petroleum Corp. has not reviewed all of the sites that are linked to its website, and the existence of a link does not indicate any approval or endorsement of any material contained on any link. Border Petroleum Corp. is not responsible for the contents of any site linked to its website and your connection to those linked sites is at your own risk.
The only information obtained from website users by Border Petroleum Corp. is the users IP address. This information is accessed by Border Petroleum Corp. for the purposes of tracking users visits to the site and monitoring the interest demonstrated for various pages on the Border Petroleum Corp. website. The IP address of each website user is stored on a web server in a secure storage facility with restricted access. IP address information is aggregated and individual user profiles are not kept nor maintained by Border Petroleum Corp.
Additionally, the Border Petroleum Corp. website allows a user to voluntarily submit an e-mail to Border Petroleum Corp. employees or representatives in circumstances such as where the user may wish to obtain further information about Border Petroleum Corp., the website content or services. In those circumstances, Border Petroleum Corp. will route the user e-mail to the appropriate party and will answer the question, but no user log or record is kept nor maintained by Border Petroleum Corp., once the question or inquiry has been answered.
From time to time, we may access user information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our website to notify you of these changes and, if required, to provide you with the ability to opt out of these uses. If you are concerned about how your information is used, you should check back at our website periodically.
Border Petroleum Corp. respects the intellectual property rights of others. In connection with this policy, Border Petroleum Corp. will not knowingly post content or other works of authorship that infringe the copyrights of others. If you believe that a work of copyright has been copied in any way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
(a) the name of the person authorized to act on the owner's behalf;
(b) a description of the work you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your name, address, telephone number and email address;
(e) a statement by you that the above information is accurate and that you are the copyright owner or the authorized agent to act on the copyright owner's behalf.
Border Petroleum Corp. may provide notices of changes to the terms and conditions of use or other matters by displaying notices or links on the website or by simply posting amended terms and conditions of use on the website. You are encouraged to print a copy of these terms and conditions to keep with your records and to refer back to in future.
In the event any term or provision of this Agreement, as amended from time to time, shall be deemed invalid or void, in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions of the Agreement shall remain in full force and effect.
No failure or delay on the part of Border Petroleum Corp. in exercising any right, power or remedy under these terms and conditions shall operate as a waiver, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise or the exercise of any other right, power or remedy