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Terms of Use

General

  • Black Diamond Group Limited and its subsidiaries (we, us and our) own and operate this Website. 
  • By using our Website you understand and agree to these Terms of Use as they exist at the time of your visit. 
  • We recommend that you visit this page regularly as we may modify our Terms of Use at any time and for any reason.
  • If you do not understand and agree with these Terms of Use you are not permitted to use our Website.

Mutual Understanding

  • We believe that the information, content and material (Content) provided on our Website is current and reliable, but we do not guarantee that this is the case at all times.
  • The Content is provided on an "as-is" "where-is" basis, and for your personal use and informational purposes only. You use this Website at your own risk.
  • We do not make any express or implied promises with respect to the Website or Content, such as warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, continuous availability, reliability, compatibility with your computer system, devices or software (Devices), being defect or error free, or fitness for a particular purpose.
  • We do not promise that in using the Website no damage will occur to your Devices, such as from viruses or other contaminating or destructive elements (Viruses). You will take precautions to protect your Devices from Viruses and backup your data on your Devices.
  • We and our directors, officers and employees, are not responsible for and will not be liable to you or anyone else for damages of any kind arising from the use of our Website, accessing linked websites or documents of other people, email, text messages, comments, blogs, posts, other electronic messages or documents attached to such items (Communications) sent by you to us, Communications sent by us to you or Communications that are placed on the Website by another person. This applies even if we were negligent. 
  • By using our Website, you agree to indemnify, defend, release and hold harmless us and our directors, officers and employees from any loss, liability, claim, demand, damage or expense (including legal fees) that we suffer or that is asserted by any person relating in any way to your use of our Website or the Content, or your non-compliance with these Terms of Use, including all claims based on publicity rights, defamation, invasion of privacy, copyright infringement or trade-mark infringement, hacking or otherwise modifying the Website or Content.
  • You will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • If you breach any part of these Terms of Use you may no longer use our Website. At any time we may modify, suspend or terminate, temporarily or permanently our Website. If you are dissatisfied with our Website or these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Communications

  • Communications between you and us through our Website, the World Wide Web or cellular signals are unsecure, non-confidential and subject to possible interception, loss or alteration.
  • Your Communications are provided to us without restriction and become our sole property. We may use, reproduce, disclose and distribute your Communications to others. We can also use any ideas, concepts, know-how or techniques contained in your Communications for any purpose, such as developing, manufacturing and marketing products or services.

Trademarks and Copyright

  • These Terms of Use are covered by copyright. Any rights not expressly granted are reserved.
  • Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Website are trademarks or trade names owned by us. You may not use any of them without our prior written consent.
  • You may share pages of our Website through hyperlinks or World Wide Web addresses, but you may not copy, reproduce, republish, post, upload, transmit, distribute or otherwise use the Content, except for personal, non-commercial use provided that all copyright and other proprietary notices are kept intact.

Other Websites

  • We do not control and are not responsible for other people's websites or content that we hyperlink to from our Website. These hyperlinks are provided to you as a convenience, but we do not endorse, investigate or verify the websites or content. You must agree with that person's rules regarding use of their website and content.

Investment Decisions

  • None of the information or materials contained in the Investor Relations section of our Website is an offering of our securities in any jurisdiction.
  • Information disclosed under the corporate and securities laws of those Canadian jurisdictions applicable to us is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on this Website.
  • We are not providing you with any financial or investment guidance on our Website.
  • Our Content may be superseded by subsequent disclosures.  We are not responsible for, or liable in respect of, the accuracy, timeliness or completeness of any information on this Website, and we make no commitment, and disclaim any duty, to update any of the Content. 
  • Our public disclosure required by Canadian law is available in the Investor Relations section of our Website or on the SEDAR website at www.sedar.com

Forward Looking Statements

  • Our Website contains statements that may constitute forward-looking information or forward-looking statements (collectively, forward-looking information) within the meaning of applicable Canadian securities legislation. This forward-looking information includes statements regarding business strategy, plans and other expectations, beliefs, goals, objectives, information and possible future events. Specific forward-looking information contained on our Website may include statements regarding our annual growth capital spending program, demand for and results of our services and growth strategy, including expected financial and operating results. Readers are cautioned not to place undue reliance on forward-looking information. Forward-looking information is based on current expectations, estimates and assumptions that involve a number of risks, which could cause actual results to vary and in some instances differ materially from those that we anticipated. Factors that could cause results to vary materially from those indicated in the forward-looking information include impact of general economic conditions, industry conditions, fluctuation of commodity prices, the Company's ability to attract new customers, failure of counterparties to perform on contracts, industry competition, availability of qualified personnel and management, and timely and cost effective access to sufficient capital from internal and external sources, political conditions, dependence on suppliers and stock market volatility. In addition, we regularly assesses the allocation of growth capital expenditures and, as such, the aggregate dollar amount to be expended and the amounts allocated to each growth area and business unit may be changed or reallocated as we determine. You should be aware that the forward-looking information is also affected by the risk factors described in our Annual Information Form and those set forth from time to time in our public disclosure filings with Canadian securities regulatory authorities, which are available on our Website in the Investor Relations section or on the SEDAR website at www.sedar.com

Legal

  • These Terms of Use, the Website, Content and Communications and all related matters will be governed solely by the laws of the Province of Alberta and the applicable laws of Canada, without regard to the conflicts of law provisions of any jurisdiction and regardless of your domicile, residence or physical location. You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta in the City of Calgary to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Terms of Use, Website, Content and Communications. 
  • Your use of our Website is also subject to the terms of our Privacy Commitment, which is incorporated into these Terms of Use.  Please carefully review our Privacy Commitment.  By using our Website, you confirm that you have read, understood and agreed to our Privacy Commitment.
  • These Terms of Use constitute the entire agreement between us and you regarding our Website, the Content and Communications. If any part of these Terms of Use is determined to be void, invalid or otherwise unenforceable by any court of competent jurisdiction, that part will be enforced to the maximum extent permitted by law, and the remaining parts of these Terms of Use shall continue in full force and effect. No failure to exercise a right or waiver of these Terms of Use shall be a further or continuing waiver of these Terms of Use.  You cannot assign these Terms of Use to any other person. The headings contained in these Terms of Use are for convenience only and do not form part of these Terms of Use. Any discretion that we have in these Terms of Use may be applied by us unreasonably and in our sole discretion. Where we use the words "includes", "including", "such as" or similar words we mean as examples only and not solely or exclusively.