Terms of Use

1.  APPLICATION OF THE TERMS OF USE

These terms of use (the “Terms of Use”) apply to the use of this web site (the “Website”).Please read these Terms of Use carefully before using the Website as they contain important information that you should be aware of before using information contained with this Website.

BY ACCESSING AND BROWSING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE WITH Aux Sable Liquid Products INC and its affiliates, OWNERS and subsidiaries (collectively, “Aux Sable”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE PLEASE STOP USING THE WEBSITE IMMEDIATELY.

Aux Sable may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted at the Website. Your continued usage of the Website will mean acceptance of those changes.

The Terms of Use apply only to your use of the Website and do not apply to any other services or products that you may purchase from Aux Sable, its subsidiaries or affiliates or any third party.

2.  ACCURACY OF INFORMATION

Although Aux Sable makes reasonable efforts to ensure that the information provided through this Website is current and accurate, Aux Sable makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

3.  LINKS TO THIRD PARTY SITES

The Website may contain links to third party sites. These links have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Aux Sable or any of its subsidiaries or affiliates of the content of such third party sites. Links to the Website may also be provided from other sites either known or unknown to Aux Sable or any of its subsidiaries or affiliates. Access to any other website linked to or from the Website is at your own risk. Aux Sable, or any of its subsidiaries, owners or affiliates, has not reviewed and is not responsible for the content of any third party sites linked to or from the Website and does not make any representations regarding the content or accuracy of materials on such third party sites.

4.  LIMITED LICENSE, COPYRIGHT, TRADEMARKS AND USE

The Website and its contents are protected by copyright, trademark and other proprietary rights of Aux Sable, its subsidiaries or affiliates, or third parties. Except as expressly permitted in these Terms of Use, no portion of the Website or its contents, including trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from Aux Sable, its subsidiaries or affiliates, or the applicable third party and nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of Aux Sable, its subsidiaries or affiliates, or any third party.

Aux Sable grants to you a limited, personal, non-transferable license to use and copy materials published by Aux Sable on the Website solely for non-commercial use within your organization in support of Aux Sable products or services. Such license is revocable by Aux Sable at any time and at Aux Sable’s sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Aux Sable as the provider of such content and the owner of such copyright or trademark.

You will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly from you making any material or information available through the Website.

5.  FORWARD LOOKING STATEMENTS

Some of the information on this Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Aux Sable. Aux Sable cautions that the statements are only predictions and by their nature, forward-looking statements involve risk and uncertainty. Aux Sable’s actual results may differ materially from those expressed or implied in such forward-looking statements or could affect the extent to which a particular projection is realized. The information contained on this Website should be read in conjunction with the more comprehensive information filed by Aux Sable with securities regulatory authorities, including risks and uncertainties relating to Aux Sable and forward-looking statements contained therein.

6.  USER CONTENT

Aux Sable is pleased to hear from users of the Website, however anything you disclose or offer to us by or through this website (“Disclosures”), including e-mails to Aux Sable or postings on interactive portions of this website, will be deemed and will remain the property of Aux Sable.  Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Except as otherwise set out in the Privacy Policy on this website, Aux Sable is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information.  You hereby RELEASE Aux Sable from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.  By uploading or otherwise providing any Disclosure to this website or Aux Sable, you hereby grant Aux Sable, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.

7.  TERMINATION OF ACCESS

Aux Sable may terminate your use of the Website if you have used the Website in any way that is contrary to law, these Terms of Use, or in any way that disrupts the Website.

8.  DISCLAIMER AND EXCLUSION OF WARRANTY

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OFFERED SERVICES (INCLUDING DOWNLOADING ANY MATERIALS FROM THE WEBSITE) IS AT YOUR SOLE RISK AND IS PROVIDED BY AUX SABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AUX SABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.

9.  EXCLUSION AND LIMITATION OF LIABILITY

IN NO EVENT SHALL AUX SABLE, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS (THE “AUX SABLE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE AND/OR FOR ANY BREACH OF THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, EVEN IF SUCH PARTIES OR ANY ONE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE OFFERED SERVICES.

10.  INDEMNIFICATION

You agree to indemnify and hold each of the Aux Sable Parties harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of the Terms of Use.

11.  INVALIDITY OF PROVISIONS

If any provision or provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

12.  JURISDICTION

This website includes information about Aux Sable operations and businesses in both the United States and Canada.  Information published on this website may contain references to products, programs and services that are not available in your country or region.  We make no representation that information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These Terms of Use shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website, including all applicable federal, provincial and local laws, and, if you reside outside of Canada, the laws of the country where you reside. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute arising out of the use of the Website or these Terms of Use shall be governed by the laws of the Province of Alberta, Canada. You agree to submit to the non-exclusive jurisdiction of the courts in the Province of Alberta, Canada.

13.  SEVERABILITY

If any provision of these terms of use will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the remaining terms of use and will not affect the validity and enforceability of any remaining provisions.

14.  HEADINGS

The headings contained herein are for convenience of reference only and shall not form part of the Terms of Use. Such headings shall be ignored in the interpretation or construction of any of the Terms of Use.

15.  ENTIRE AGREEMENT

The Terms of Use, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Website, constitute the entire agreement between Aux Sable and you pertaining to your use of the Website. Aux Sable’s failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision.

16.  ASSIGNMENT

The Terms of Use shall bind and ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder.

17.  ENGLISH LANGUAGE

The parties confirm that it is their wish that the Terms of Use any other documents delivered or given pursuant to the Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s’y rattachant, soient rédigés en anglais seulement.

18.  PRIVACY POLICY

By using the Website, you agree to be bound by Aux Sable’s External Website Privacy Policy.

19. GENERAL

These Terms of Use represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Aux Sable reserves all legal rights and remedies available to it and this disclaimer will in no way be deemed a limitation or waiver of any other rights Aux Sable may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Aux Sable.  In the event of a conflict between such terms and these Terms of Use, such specific terms will prevail.

Unless otherwise indicated, all material on this site © Copyright Aux Sable

All rights reserved.