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Terms of Use

1. INTRODUCTION AND ACCEPTANCE

Welcome to northpeakresources.com, a website owned and operated by North Peak Resources Ltd. (“North Peak Resources”, “our”, “us” or “we”). These website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of northpeakresources.com, all other sites owned and operated by North Peak Resources that redirect to northpeakresources.com and all subdomains of northpeakresources.com (collectively, the “Website”).

By accessing or using the Website in any way, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules, and policies as we may provide from time to time, including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by us from time to time in our sole discretion. If you do not agree to the Terms of Use, then you must discontinue accessing and/or using the Website.

North Peak Resources reserves the right to modify the Terms of Use at any time and from time to time and in its sole discretion, and each such modification shall be effective upon posting on the Website.  Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue accessing and/or using the Website immediately.

2. PRIVACY

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Privacy Policy, a copy of which is available here: Privacy Policy. Please carefully review our Privacy Policy.  By using the Website, you signify that you have read, fully understand and agree to the collections, uses, and disclosures of information described in our Privacy Policy.

3. WEBSITE CONTENT

North Peak Resources and this Website are based in Canada. We do not represent or warrant that any of the content or materials presented on the Website are appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.

Changes may be made at any time to the information and/or content on this Website without prior notice.

NORTH PEAK RESOURCES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECT IN, THE INFORMATION CONTAINED WITHIN THE WEBSITE.

4. LICENSE AND SITE ACCESS

Subject to the terms and conditions set forth in the Terms of Use, North Peak Resources grants you a limited, non-exclusive, royalty-free, revocable, and non-transferable right to access and use the Website and Website Content (as defined below) in accordance with the Terms of Use. You agree that you will not use the Website to: (i) infringe or misappropriate the intellectual property rights of North Peak Resources or any third-party; (ii) attempt to deface, modify or manipulate any part of the Website or its functionality or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, vendor, dealer or employee of North Peak Resources; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by North Peak Resources. As an additional term and condition of use of the Website, you agree not to use any process, research method, or a tactic to recreate or replicate the features, functions, or design of the Website through reverse engineering.

5. NORTH PEAK RESOURCES INTELLECTUAL PROPERTY

The Website consists of various graphics, texts, icons, and buttons that have been provided by North Peak Resources and/or other entities (e.g. site designers). All such content is owned by North Peak Resources and/or the applicable third party entity. For greater certainty, North Peak Resources and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Website Content”).

You hereby acknowledge that the Website Content is protected by all copyright, trade-mark, and other applicable intellectual property laws.  Your use of the Website does not grant or transfer to you any ownership or other rights in the Website Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of North Peak Resources or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by North Peak Resources. For greater certainty, you agree that you will not take any action that is inconsistent with North Peak Resources’ ownership of the Website and/or North Peak Resources’ ownership of, or any third party’s ownership of, any Website Content.  Without limiting the generality of the foregoing, users of this Website shall be entitled to access Website Content contained within this Website only for their own personal and non-commercial use, but may not republish or reproduce any such Website Content in any manner without the prior written consent of North Peak Resources.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of North Peak Resources or other entities.  Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by North Peak Resources are the property of their respective owners, and, where used by North Peak Resources are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with North Peak Resources’ ownership of, or any third party’s ownership of, the Trade-marks.

6.  INDEMNIFICATION

You agree to indemnify and hold harmless North Peak Resources and its officers, directors, employees, and their respective successors and assigns from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses, and costs or debt arising out of, or asserted in connection with: (i) your access to or use of the Website; (ii) your violation of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action; and/or (iii) your violation of the rights of any other person or entity.

7. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE WEBSITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE WEBSITE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

9. FORWARD-LOOKING STATEMENTS

The Website is for informational purposes only. Nothing contained in the Website constitutes investment, legal, accounting, tax or other professional advice. The Website and the information contained on the Website do not constitute a solicitation, offer or recommendation by North Peak Resources, any of its affiliates to buy or sell any securities, financial instruments, investments or other services. Decisions based on information contained on the Website are your sole responsibility.

Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Certain statements contained in the Website and the documents included on the Website, including statements are forward-looking statements within the meaning of applicable securities laws. These statements include, but are not limited to, statements made about our operations, performance, results, future exploration, development, production, project start-ups, and future capital spending. Forward-looking statements are typically identified by the words “believe,” “expect,” “anticipate,” “intend,” “estimate” and other similar expressions or future or conditional verbs such as “will,” “should,” “would” and “could.” By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control, including but not limited to changes in market conditions, changes in law or government policy, changes in operating conditions and costs, changes in project schedules, operating performance, demand for oil and gas, commercial negotiations or other technical and economic factors affect our operations, performance, and results and those of our business, and could cause actual results to differ materially from the expectations expressed in any of our forward-looking statements. All potential investors should seek independent information and advice from qualified investment professionals. Forward-looking statements are subject to various risks, uncertainties, and assumptions. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Readers should not place undue reliance on our forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

10. THIRD PARTY WEBSITES AND LINKS

The Website may contain links to the websites of our subsidiaries and affiliates, and to websites that are independently owned and operated by third parties (collectively, “Third Party Websites”). Third Party Websites are not owned or controlled by North Peak Resources, therefore North Peak Resources has no control over any products, services, materials or other information in or available through Third Party Websites. Third Party Websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any Third Party Websites. In addition, Third Party Websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.  Any links from this Website to Third Party Websites, or references to products, services or publications other than those of North Peak Resources, do not imply the endorsement or approval of such websites, products, services or publications by North Peak Resources.

We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. You agree that you assume all risk when accessing any Third Party Websites, and release North Peak Resources from any and all liability resulting from the access and/or use of Third Party Websites. It is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. North Peak Resources makes no representation, warranty, condition or undertaking regarding, nor endorses any Third Party Websites.

11. SECURITY

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business, we may access and disclose information we consider necessary or appropriate, including user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information and usage history. You acknowledge and agree that North Peak Resources may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

The transmission of data or information over the internet or other forms of networks may not be secure and is subject to possible loss, interception or alteration while in transit. North Peak Resources does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Website, such as transmissions involving the exchange of electronic messages of any kind.  Subject to applicable law, in no event will the information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

12. MODIFICATION OF THE WEBSITE

North Peak Resources reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, the Website Content, or any part thereof, with or without notice. North Peak Resources shall not be liable to you or to any third party for any such modification, suspension or discontinuance. North Peak Resources may establish general practices and limits concerning use of the Website.

13. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta, Canada, without regards to its principles of conflict of laws.

North Peak Resources is a Canada based company.  Access to the Website is governed by all applicable federal, provincial and local laws. If you are resident outside of Canada, you may be subject to the laws of the country where you reside. If you access the Website from outside Canada, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.

14.  TERMINATION

We reserve the right to terminate your access to the Website, in whole or in part, at any time.

15. GENERAL PROVISIONS

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you but may be assigned by North Peak Resources without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of North Peak Resources to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

16. HOW TO CONTACT US

Any questions about these Terms of Use should be directed to info@northpeakresources.com