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TERMS OF USE
The following describes the terms
under which you may access and use the ATCO EnergySense (a service
provided by ATCO Ltd. "ATCO") website located
at ATCOEnergySense.com (the “ATCO EnergySense Website”) as well as use
any information posted on the ATCO EnergySense Website. By accessing the
website, you are agreeing to be bound by the terms of this Agreement.
If you do not agree with the terms and conditions set out in this
Agreement you may not access or use the ATCO EnergySense Website or any
information contained on the ATCO EnergySense Website.
The terms and conditions set out in
this Agreement may be changed from time to time. It is your
responsibility to check for such changes. If you do not agree with any
amendment you must stop using and accessing the ATCO EnergySense
Website.
LIMITED LICENSE
You are granted a limited license
only to display and print information contained on the ATCO EnergySense
Website for your own personal, non-commercial use. You may not
otherwise reproduce, modify, republish or disseminate any information
contained on the ATCO EnergySense Website in any manner or form
whatsoever.
NO WARRANTY
THE WEBSITE AND ALL INFORMATION
CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY
YOU AT YOUR SOLE RISK. ATCO MAKES NO EXPRESS OR IMPLIED
WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY
DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SOFTWARE AND
WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ATCO
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS,
ERRORS, PROBLEMS OR LIMITATIONS IN ITS SOFTWARE OR THE CONTENT OF THE
WEBSITE.
ATCO does not guarantee
and disclaims all liability for the quality, accuracy, completeness or
timeliness of any information contained on the ATCO EnergySense
Website. ATCO makes no commitment and disclaims any duty to
update any information contained on the ATCO EnergySense Website. Any
information contained on the ATCO EnergySense Website may be changed at
anytime without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL ATCO
BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR INABILITY TO USE THE ATCO ENERGYSENSE WEBSITE OR ANY USE OR RELIANCE
ON ANY INFORMATION CONTAINED ON THE ATCO ENERGYSENSE WEBSITE HOWEVER
ARISING, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST BUSINESS
PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY
LOSS, WHETHER IN AN ACTION ON CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF
ATCO HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
IN ALL OTHER CIRCUMSTANCES ATCO'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY,
HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
External Links
Links to websites outside of the
ATCO EnergySense Website are provided as a convenience only and are not
part of the ATCO EnergySense Website. No endorsement of any third party
products or services, information, material or content referred to or
included on, or linked from the ATCO EnergySense Website is expressed or
implied.
SECURITIES INFORMATION DISCLAIMER
No Securities Solicitation
Nothing on the ATCO EnergySense
Website is intended to constitute a solicitation or an offer to buy or
sell any security.
Securities Disclosure
Some of the continuous disclosure
documents filed by ATCO with securities regulatory authorities in
Canada may be listed on the ATCO EnergySense Website as a convenience
only. The ATCO EnergySense Website may not be the most current or
complete source for these documents because:
a)
Current documents may not be posted;
b)
Not all documents that have been filed with securities regulatory
authorities will be posted on the ATCO EnergySense Website; and
c)
When documents are posted to the ATCO EnergySense Website the
documents or information contained in them may be lost or corrupted
during such posting.
IF YOU ARE GOING TO RELY ON ANY
INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT
DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES. IF YOU
NEED THE MOST CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT
HAVE BEEN FILED WITH THE SECURITIES REGULATORY AUTHORITIES.
Forward Looking Statements
Some of the documents filed by ATCO
with the securities regulatory authorities may contain
forward-looking statements under applicable securities law. The reader
is cautioned that the assumptions used in the preparation of these
statements involve risks and uncertainties that may cause actual results
to differ materially from the forward-looking statements. A full
description of these risks and uncertainties may be found in ATCO’s
continuous disclosure documents as filed with the securities regulatory
authorities.
Caution
Individual statements appearing in
ATCO’s securities filings are intended to be read in conjunction
with and in the context of the complete documents in which they appear,
including any documents incorporated therein by reference thereto,
rather than as stand-alone statements. Further, these documents are not
intended to be read in conjunction with any other material, including
the content of the ATCO EnergySense Website.
Also note that the continuous
disclosure documents are only current as of the date on which they are
filed with the securities regulatory authority.
PROPRIETARY RIGHTS
Except as otherwise noted, the
content, text, graphics and software located on or at the ATCO
EnergySense Website are Copyright © 2000 - 2001 ATCO Ltd.
Certain words, phrases, names,
designs or logos used on the ATCO EnergySense Website may constitute
trademarks, service marks or trade names of ATCO or other entities.
Except as specifically set out herein, you may not use any such
trademarks, service marks or trade names in any manner whatsoever.
GENERAL
This Agreement, the relationships
between you and ATCO and the use of ATCO EnergySense’s
Website and the resolution of any dispute arising between the parties
shall be governed and construed in accordance with the laws of the
Province of Alberta and those of Canada applicable therein, without
reference to their conflicts of laws. You agree that any legal action
or proceeding between you and ATCO which in any way concerns
this Agreement or the use of the ATCO EnergySense Website or any
information contained thereon shall be brought exclusively in the courts
of Alberta. Notwithstanding the foregoing, either party may apply
to any court of competent jurisdiction to obtain injunctive relief.
ATCO’s
headquarters are in Alberta.
ATCO makes no
representation that access to the ATCO EnergySense Website or that the
information contained thereon is appropriate or legal in all
jurisdictions. You may not access the ATCO EnergySense Website or use
any information in those jurisdictions where it would be illegal. In
any case, your access to the website is entirely at your own initiative
and you are responsible for ensuring that all laws are complied with.
All references herein to ATCO
EnergySense shall be deemed to include any subsidiary, affiliate,
associate or successor corporation of ATCO. |
