2. Conditions of Use
3. Accuracy of Information
4. Ownership of Intellectual Property
5. Software Available on the Website
7. Compliance with Laws
8. Stock Quotes and Charts
9. No Solicitation
10. Investment Decisions
11. Forward-Looking Information
13. Disclaimers, Limitations of Liability and Indemnification
Fording Canadian Coal Trust including its affiliates and subsidiaries ("Fording") makes available to you the website located at www.fording.ca (the "Website") subject to your acceptance of and compliance with this Legal Notice. By accessing or using the Website you are agreeing to and accepting this Legal Notice. If you do not agree with this Legal Notice do not access or use the Website.
Fording reserves the right to modify this Legal Notice at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Legal Notice as modified. It is your responsibility to review regularly this Legal Notice.
- Conditions of Use
Except as may be expressly authorized by Fording, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited.
Fording reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Fording or any of its respective employees, agents, officers, directors or third party service providers (collectively, "Fording Service Providers") shall not be liable to you or any third party should Fording exercise this right.
- Accuracy of Information
Information posted to the Investor Relations section of the Website was believed to be accurate at the time it was posted, but may be superceded by subsequent disclosures.
Fording makes reasonable efforts to ensure that the information provided through the Website is current and accurate. Fording makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
- Ownership of Intellectual Property
Fording or its Service Providers own all right, title and interest in the Website, including all associated market data and information, and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Fording or any third party. You may not frame this Website nor link to this Website without Fording's express permission. If you wish to link to this Website please contact us at firstname.lastname@example.org.
Fording, fording.ca and related words and logos are trade-marks and/or trade-names of Fording. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any marks or names of Fording. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Fording or of third parties is strictly prohibited.
Fording hereby grants to you a licence to download one copy of materials published by Fording on this Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
- Software Available on the Website
Software that is made available to download from the Website is the copyrighted work of Fording or third party vendors. Your use of the software is governed by the terms of the end user license agreement which accompanies or is made available with the software. You may not install or use the software unless you first agree to the terms and conditions of the license agreement.
- Compliance with Laws
In addition to complying with this Legal Notice, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
- Stock Quotes and Charts
Fording does not guarantee the sequence, accuracy or completeness of any stock price information or other data displayed, and is not liable or responsible in any way for any delays, inaccuracies or errors in any stock price information or data or in the transmission of any stock price information or data. The stock price information or data provided is not to be relied upon for any trading, business or financial purpose and Fording and Fording Service Providers are not liable or responsible in any way for any damages, losses or costs arising from reliance upon this information or incurred as a result of the nonperformance, interruption or termination for any reason whatsoever of the stock price information or data.
- No Solicitation
MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. FORDING DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.
Fording is subject to the securities laws of various jurisdictions. Information disclosed or provided by Fording pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website. Fording's Canadian and U.S. public filings can be viewed at www.sedar.com and at www.sec.gov, respectively.
- Investment Decisions
Due to the technical and security risks inherent in the Internet, and because the document you access may differ from the original depending on your browser software, the information set out in this Website should not be used for the purpose of making investment decisions with respect to Fording's securities. If you are contemplating trading in Fording's securities, you should review Fording's Canadian and U.S. public filings at www.sedar.com and at www.sec.gov, respectively, and contact your securities broker or financial advisors.
- Forward-Looking Information
This website contains forward-looking information within the meaning of the United States Private Securities Litigation Reform Act of 1995, as amended, relating, but not limited, to the Trust's expectations, intentions, plans and beliefs. Forward-looking information can often be identified by forward-looking words such as "anticipate'', "believe'', "expect'', "goal'', "plan'', "intend'', "estimate'', "may'', and "will'' or similar words suggesting future outcomes, or other expectations, beliefs, plans, objectives, assumptions, intentions or statements about future events or performance.
Unitholders and prospective investors are cautioned not to place undue reliance on forward-looking information. By its nature, forward-looking information involves numerous assumptions, known and unknown risks and uncertainties, of both a general and specific nature, that could cause actual results to differ materially from those suggested by the forward-looking information or contribute to the possibility that predictions, forecasts, or projections will prove to be materially inaccurate. Some of the risks, uncertainties and other factors which negatively affect the reliability of forward-looking information are discussed in the Trust's public filings with the Canadian and United States securities regulatory authorities and you are advised to consult these documents, including but not limited to, the most recent versions of the management information circular prepared for use in connection with the latest annual or annual and special meeting of Unitholders, annual information form, quarterly reports, material change reports and news releases. Copies of the Trust's Canadian public filings are available on SEDAR at www.sedar.com. The Trust's United States public filings including the Trust's most recent annual report on form 40-F as supplemented by its filings on form 6-K, are available at www.sec.gov/edgar.shtml. The Trust further cautions that information contained on, or accessible through, these websites is current only as of the date of such information and may by superseded by subsequent events or filings. The Trust undertakes no obligation to update publicly or otherwise revise any information, including any forward-looking information, whether as a result of new information, future events or other such factors that affect this information except as required by law.
We, at Fording, believe that your personal information deserves protection. You may visit this Website without registering or providing any personal information. Further, Fording has not implemented any "cookies" on this Website for gathering personal information. Fording collects traffic data for this Website to generate statistics and aggregate reports for its internal use. These statistics and aggregate reports will not contain any personal information. Personal information, such as your name and e-mail address, will only be collected if you make an enquiry to Fording through this Website. Fording will only use your personal information when responding to an enquiry that you may make, and for no other purpose whatsoever. Fording will not disclose your personal information to anyone else outside Fording, without your prior consent. However, Fording reserves the right to disclose your personal information in the following limited circumstances: (i) if a law, regulation, search warrant, subpoena or court order legally requires us to do so; (ii) if the rights or property of Fording or its third party service providers or users of this Website are in jeopardy; and (iii) if the personal safety of users of this Website or other members of the public is in jeopardy.
Recognizing that your privacy is important to you, Fording has implemented technical security measures to protect your personal information once it is received. However, Fording cannot guarantee that any transmission over the Internet is secure. Consequently, Fording, its third party service providers and its and their respective officers, directors, employees and agents do not accept any liability for personal information submitted to them nor for your or any third party's use or misuse of your personal information.
- Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT:
USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. FORDING AND FORDING SERVICE PROVIDERS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE.
USE OF ANY LINKED SITE IS ENTIRELY AT YOUR OWN RISK. HYPERLINKS FROM THE WEBSITE TO ANY LINKED SITE DO NOT IMPLY AN ENDORSEMENT OF THE LINKED SITE OR ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH SUCH LINKED SITES.
THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. FORDING DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE.
YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. FORDING AND ITS SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
Limitations of Liability. IN NO EVENT SHALL FORDING BE LIABLE FOR ANY (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES, (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, (iii) CLAIMS OF THIRD PARTIES, OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF FORDING AND FORDING SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THIS LEGAL NOTICE EXCEED CDN$10.00. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS LEGAL NOTICE SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF FORDING AND ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD FORDING AND ITS SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) ARISING OUT OF YOUR BREACH OF THIS LEGAL NOTICE OR ANY POLICIES.
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Alberta shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
This Legal Notice, any and all other notices, policies and statements contained on the Website (as the same may be amended by Fording from time to time without prior notice) constitute the entire agreement between Fording and you. This Legal Notice cannot be modified except as described elsewhere herein. This Legal Notice supercedes anything in the Website inconsistent with this Legal Notice. No waiver of any of this Legal Notice shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of this Legal Notice is held to be unenforceable by a court of competent jurisdiction, such part of this Legal Notice shall be restricted or eliminated to the minimum extent necessary and the remaining Legal Notice shall otherwise remain in full force and effect.