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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.

 

 

©2007 Marsulex Inc. Terms of Use | Privacy Statement.

 

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