Your access to and use of the Marsulex Inc. ("Marsulex")
website at www.marsulex.com (the "Site")
constitutes your acceptance of these terms 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. Marsulex may change, modify
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: June 2007
Reserved Rights and
Grant of Limited Licence
Copyright © 2007 Marsulex Inc. All rights
reserved. Marsulex either owns the intellectual property
rights, including copyright, or has acquired the necessary
licences, in the information contained on the Site, including
all text, HTML code, multimedia clips, images, graphics,
icons, programming code, and the selection and arrangement
of the contents of the Site (collectively the "Information").
As a user of the Site, you are granted a limited licence
to use (display or print) short extracts of the Information
for your own personal non-commercial use only, provided the
Information is not modified and you will be fully responsible
for any consequences resulting from such use. Any other use
of the Information is prohibited. None of the Information
may be otherwise used, reproduced, republished or re-disseminated
in any manner or form without the prior written consent of
Marsulex. You may not hyper-link to, or frame, the Site and/or
the Information.
Links; No Endorsement
The Site contains links to other sites. These
links are provided as references to help you identify and
locate other Internet resources that may be of interest.
These other sites were independently developed by parties
other than Marsulex, and Marsulex does not assume responsibility
for the accuracy or appropriateness of the information contained
at such sites. In providing links to other sites, Marsulex
is in no way acting as a publisher or disseminator of the
material contained on those other sites and does not seek
to control the content of, or maintain any type of editorial
control over, such sites.
A link to another site should not be construed to mean that
Marsulex is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo or copyrighted
symbol that may be reflected in the link or the description
of the link to such other sites.
The mention of another party or its product
or service on the Site should not be construed as an endorsement
of that party or its products or services.
Disclaimer, No Advice or Warranties
The Information on the Site is provided for educational or information 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 not act or
rely on any information at the Site without seeking the advice
of a professional. Marsulex disclaims all conditions, terms,
representations and warranties, express or implied, statutory
or otherwise 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 Marsulex information. Marsulex does not warrant that
the Site and/or the Information will be free from errors,
defects or program limitations or that the Site and the Information
will be accessible and perform in accordance with your expectations.
Forward looking statements
Marsulex advises that documents and information
placed on the Site may contain forward-looking statements.
These statements are based on current views and expectations
that are subject to risks, uncertainties and assumptions
that are difficult to predict, including risks, uncertainties
and assumptions relating to the timing and market acceptance
of future products, competition in Marsulex's markets, Marsulex's
reliance on customers, fluctuations in currency exchange
rates, commodity prices or interest rates, Marsulex’s
ability to maintain good relations with its employees, changes
in laws or regulations regarding the environment or other
environmental liabilities, Marsulex’s ability to integrate
acquisitions and Marsulex's ability to protect its intellectual
property. Actual results might differ materially from results
suggested in any forward-looking statements. Marsulex disclaims
any intention or obligation to revise forward-looking statements
whether as a result of new information, future developments
or otherwise. Additional information identifying risks, uncertainties
and assumptions is contained in Marsulex's filings with the
securities regulatory authorities, which are available at
www.sedar.com. All forward-looking statements are expressly
qualified in their entirety by this Cautionary Statement.
Limitation
of Liability
Marsulex disclaims any liability for any use
or reproduction of any portion of the Site. In no event
shall Marsulex
be liable for any special, incidental, indirect, 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 the Information, even if Marsulex has been advised
of the
possibility of such damages.
Trademarks
Certain words, phrases, names, designs or logos
used on the Site may constitute trademarks, service marks
or trade names of Marsulex or other entities. The display
of any such marks or names on the Site does not imply that
a licence has been granted by Marsulex or other entities.
The use of any Marsulex trademarks or service marks without
obtaining prior written consent from Marsulex is strictly
prohibited.
Confidentiality Warning
Absent the use of encryption, the Internet
is not a secure medium and privacy cannot be ensured. Internet
e-mail is vulnerable to interception and forging. Marsulex
will not be responsible for any damages you or any third
party may suffer as a result of the transmission of confidential
information that you make to Marsulex through the Internet,
or that you expressly or implicitly authorize Marsulex to
make, or for any errors or any changes made to any transmitted
information.
Errors, Computer Viruses
While every effort is made to ensure that all
Information provided at the Site does not contain computer
viruses, you should take reasonable and appropriate precautions
to scan for computer viruses and should ensure that you have
a complete and current backup of the applicable items of
information contained on your computer system. You should
pay specific attention to some of the newer viruses that
have been written to automatically execute when an infected
word processing document is loaded into certain word processing
programs.
Conformance 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, over
burden 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 Marsulex, its employees, directors and related entities
harmless from and against
any and all liabilities, costs and expenses including reasonable
attorneys’ fees, related to any violation of the Terms
by you or in connection with your use of the Site.
Severability
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.
Unless specifically
provided herein, the Terms constitute the entire agreement
between you and Marsulex with respect
to your use of the Site and the Information. The Term shall
supersede all prior agreements, understanding, negotiations
and discussions, either oral or written between the parties
in respect to 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. Marsulex reserves the right, in its sole discretion,
to terminate your access to the Site and/or use of the Information,
or any portion thereof, 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 Ontario and the
laws of Canada applicable therein will govern as to the interpretation,
validity and effect of these provisions, notwithstanding
any conflict of laws 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 Ontario in the city of Toronto for any legal proceeding
arising out of or in relation to your use of the Site and/or
the Terms.
Submissions
All information submitted to Marsulex via the
Site or in connection with your use of the Site will be deemed
and remain the property of Marsulex and Marsulex will be
free to use, for any purpose, any ideas, concepts, know-how
or other techniques contained in such information. The submission
of information via the Site or in connection with your use
of the Site shall constitute an assignment to Marsulex of
all worldwide rights, title and interest in the intellectual
property contained therein. Marsulex will not be subject
to any obligations of confidentiality, compensation or royalties
regarding any such information submitted to it unless specifically
agreed by Marsulex or required by law.
You represent and warrant that any information
submitted via the Site or in connection with your use of
the Site does not infringe on the intellectual property or
other rights of any third parties and that you have sufficient
right in such information for the grant of rights described
herein.
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