Your use of the Athabasca Potash Inc. and its subsidiaries ("API") website at www.athabascapotash.ca (the "Site") constitutes your acceptance of these terms and conditions of use (the "Terms"). If you have not already done so, please take some time to familiarize yourself with the Terms. If you do not agree to the Terms, you cannot use or access the Site. API may change, modify and/or update the Terms from time to time and it is your responsibility to check for such changes, modifications and/or updates. Continued use of the Site following any such change, modification and/or update shall constitute your acceptance of the Terms at that time. The last revision date for the Terms is set forth below.
Last revised: January 5th, 2008
Grant of Limited Licence
API either owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information contained on the Site and in the RSS feeds provided through this Site (the "Feeds"), including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Site and/or the Feeds (collectively, the "Information"). API hereby grants to you a limited, non-transferable, non-exclusive right to access and use the Site solely for your personal use in seeking information regarding API and its business and to use the Feeds exclusively for your own personal and non-commercial use. You may not use the Feeds in any way that will imply any endorsement, sponsorship, affiliation, association, investigation or verification by API of any website. This licence authorizes you to view and download a single copy of the materials on the Site solely for your personal, non-commercial use. Except as specifically contemplated herein, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Information or use the Information for any commercial purpose whatsoever. Except for the limited licences expressly granted to you in the Terms, API reserves for itself all other right, title and interest in and to the Information. The Information, unless otherwise indicated is the copyright of Athabasca Potash Inc. © 2007 to 2009.
Links
In this Website, API has provided certain links and references to other websites. API has no control over the information located at sites linked or referred to in this Website. These links and references are provided for the convenience of the user of this Website only and API does not endorse, nor is it responsible or liable for the content, nature or reliability of any linked or referenced site, or any link contained in the linked or referenced website. API assumes no responsibility for monitoring, updating, supplementing or correcting any information on any linked or referenced website and makes no representation or warranties regarding such information. Please be advised that in linking or going to these outside websites, you are leaving API´s website and API is not responsible for the content, nature or reliability of any other site.
Disclaimer
THE INFORMATION INCLUDING, BUT NOT LIMITED TO, ANALYSTS' REPORTS AND OTHER OPINIONS AND VIEWS, IS PROVIDED FOR EDUCATIONAL OR INFORMATIONAL PURPOSES ONLY ON AN "AS IS, WHERE IS" BASIS. IT IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING OR TAX ADVICE AND SHOULD NOT BE RELIED UPON IN THAT RESPECT. YOU SHOULD CONSIDER SEEKING THE ADVICE OF A PROFESSIONAL PRIOR TO ACTING OR RELYING ON THE INFORMATION. API DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR THE INFORMATION. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION. THE INFORMATION MAY NOT ALWAYS BE THE MOST CURRENT SOURCE FOR INFORMATION. API DOES NOT WARRANT THAT THE SITE AND/OR THE INFORMATION WILL BE FREE FROM ERRORS, DEFECTS, PROGRAM LIMITATIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE AND THE INFORMATION WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THE USE OF THE SITE IS AT YOUR OWN RISK.
Stock Quotes
All stock quotes are delayed at least fifteen (15) minutes, unless otherwise stated. All stock quotes and historical stock price data are provided by third party services and are provided for informational purposes only and are not intended for training purposes. API makes no representations or warranties regarding the accuracy or completeness of any such stock quote or historical price data and under no circumstances will API be liable for any inaccuracies or omissions in any such information or data, any delays or errors in the transmission thereof or any loss or direct, incidental, special or consequential damages caused by reliance on this information or the risks arising from the stock market.
Forward-looking statements
Certain information contained in this Website, including any information as to API´s future financial or operating performance, is forward looking and subject to important risk factors and uncertainties, many of which are beyond API´s ability to predict or control. These forward looking statements are based on a number of assumptions and estimates that are inherently subject to business, economic and competitive uncertainties and include, among others: a highly speculative nature of potash exploration and development; API´s exploration projects may not result in commercially viable mining operations; the cyclicality of the potash industry resulting in supply and demand and balances and pressure on potash prices and profit margins; potential potash supply increases, either from the opening of new potash mines, or the expansion of existing potash mines; brownfield expansion of production from existing potash mines owned by competitors of API may be more cost effective than greenfield developments of a new potash mine on one of API´s properties; further exploration on, and development of, API´s properties will depend on the API´s ability to obtain additional financing; the titles to API´s properties may be subject to potential challenges or impairments; an inability to obtain all sub-surface minerals rights and surface rights necessary to develop its current exploration project; access to potash mineralization not owned by the Crown must be negotiated with owners of freehold mineral rights and private landowners cannot be assured; the volatility of potash prices; currency exchange rate fluctuation, the loss of key personnel; lack of certainty that API will be able to procure the necessary permits in order to conduct further exploration on, or to develop its properties; changing government regulations, changes in aboriginal land use plans and policies; inherent environmental risks with the API´s properties; competition for mineral properties, technical expertise labour and capital; dilution; no trading history in API´s shares; and potential volatility of market price and public API´s common shares.
Readers are cautioned that forward looking statements are not guarantees for future performance. All of the forward looking statements contained on this Website are qualified by these cautionary statements. API expressly disclaims any intent or obligation to update or revise any forward looking statements, whether as a result of new information, events or otherwise.
Limitation of Liability
API DISCLAIMS ANY LIABILITY FOR ANY USE OR REPRODUCTION OF THE SITE AND/OR THE INFORMATION. FOR GREATER CERTAINTY, IN NO EVENT SHALL API BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF API HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Trade-marks
Certain words, phrases, names, designs or logos used on the Site may constitute trade-marks, service marks or trade names of API or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by API or other entities. The use of any API trade-marks or service marks without obtaining prior written consent from API is strictly prohibited.
Really Simple Syndication (RSS)
From time to time, API may provide Feeds on the Site for informational purposes. Use of the Feeds available at the Site is limited to individuals for non-commercial purposes only. API has the right to remove all Feeds from the Site and to discontinue the Site's Feeds. API does not specifically endorse any RSS reader or other third party application.
Compliance with Law
You shall not use and/or access the Site and/or the Information in any manner that will violate any applicable local, provincial, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site. You may not use the Site in any manner which could damage, disable, overburden or impair the Site, interfere with any other party's use and enjoyment of the Site or compromise the integrity of, or otherwise modify, the Information.
Indemnity
You agree to defend, indemnify and hold API, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys' fees (without reduction for tariff or other similar rate reduction) related to any violation of the Terms by you or in connection with your use of the Site and/or the Information.
Severability and Waiver
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.
Entire Agreement
Unless specifically provided herein, the Terms constitute the entire agreement between you and API with respect to your use of the Site and the Information. The Terms shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the Site.
Termination
Your licence to access and use the Site and/or the Information shall automatically terminate if you are in breach of any of the Terms. API reserves the right, in its sole discretion, to terminate your access to the Site, to terminate your use of the Information, or any portion thereof, to remove the Feeds from the Site and/or to discontinue any of the Feeds, at any time without notice.
English Language
The parties hereto have requested that the Terms and all correspondence and all documentation respecting the Terms, be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relatives à cette entente, soient rédigées en langue anglaise.
Choice of Law and Jurisdiction
The laws of the Province of Saskatchewan and the laws of Canada applicable therein will govern as to the interpretation, validity and effect of these provisions, notwithstanding any conflict of law’s provisions or your domicile, residence or physical location. You hereby consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Saskatchewan in the city of Saskatoon for any legal proceeding arising out of or in relation to your use of the Site, the Information, and/or the Terms.
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