Terms of Use
Welcome to the website of Peace River Coal Limited Partnership acting through its General Partner, Peace River Coal Inc. (“PRC”). Please read these Terms of Use, which form an agreement between you and PRC, carefully and completely. These Terms of Use include important limitations, exclusions and disclaimers that affect your rights.
By using this website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use this website.
1. Changes to Website
PRC reserves the right to change these Terms of Use at any time by posting amended Terms of Use on this website. The amended Terms of Use will be effective immediately, and by continuing to use this website you agree to be bound by the amended Terms of Use.
2. Use of Personal Information
PRC collects, uses, and discloses your personal information in accordance with the Privacy Policy of this website. The Privacy Policy is incorporated into these Terms of Use and is available at http://www.peacerivercoal.com/privacypolicy.html. By providing personal information to PRC, you consent to the use of personal information in accordance with the Privacy Policy.
3. Intellectual Property
This website and all of the related pages including but not limited to content, software, code, graphics or other material contained in or electronically distributed on this website is owned by PRC or licensed to PRC and is protected by copyrights, trade-marks, service marks, patents or other proprietary rights or laws. Unauthorized use of any copyrighted materials; trade-marks or any other intellectual property without the express written consent of the owner is strictly prohibited.
4. Use of Website
Effective upon your acceptance of these Terms of Use (and subject to your continued compliance with these Terms of Use) PRC grants you a personal, non assignable, license to access content made publicly available on this website for your personal use only, and not for any commercial purpose whatsoever.
You may view and print out web pages from this website, provided that you maintain all copyright and trade-mark notices.
You may not, except as expressly permitted by PRC or these Terms of Use: (a) copy, reproduce, modify, collect, compile, republish, distribute, or catalogue information or material on this website; (b) use this website to engage in any unlawful activity or to infringe the rights of PRC, its affiliates or associates or others, or (c) interfere with the operation of this website in any way or interfere with anyone’s use of this website.
5. Links to Third Party Sites
This website contains hyper-links to websites owned and controlled by third parties which are not under the control or PRC and PRC is not responsible for the contents of any linked third party site. The links are provided for your convenience and any such link does not imply endorsement by PRC of that website nor does it imply that there is any association between PRC and the operators of that website.
6. No Solicitation
This website and the information contained on this website does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
7. Forward Looking Statements
On this website you may find documents or other content that contain forward-looking statements with respect to PRC and the coal mining industry. Statements that include the words “believes,” “expects,” “may,” “will,” “should,” “seeks,” “intends,” “plans,” “estimates,” “anticipates,” or the negative version of those words or other comparable terminology and similar statements of a future or forward-looking nature identify forward-looking statements. By their nature, these statements require PRC to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond PRC’s control, affect PRC’s operations, performance and results and those of PRC’s business lines, and could cause actual results to differ materially from the expectations expressed in any of PRC’s forward-looking statements. Having this in mind, you are cautioned not to place undue reliance on forward-looking statements. They are not a substitute for the exercise of your own due diligence and judgment. The outcomes anticipated in forward-looking statements may not occur and PRC does not undertake to update forward-looking statements except as required by applicable securities laws.
8. No Warranties
Access to the site is provided on an "as is" basis. PRC disclaims and excludes to the maximum extent permitted by applicable law all warranties, representations, and conditions express or implied, regarding the use of this website or information contained on this website, including any implied warranties or conditions as to merchantability, operation, usefulness, completeness, accuracy, currency, reliability, fitness for a particular purpose, non-infringement and expectation of privacy.
9. No Liability
Your use of this website is at your own risk. PRC, its partners, affiliates and associates and their respective directors, officers, employees, or agents will not be responsible or liable for damages or losses of any kind whatsoever and howsoever caused (including direct, indirect, consequential, special, incidental or punitive damages), arising out or in connection with this website or information contained on this website, even if PRC is made aware of the possibility of such damages or losses.
10. Indemnity
You hereby agree indemnify and keep PRC, its partners, affiliates and associates and their respective directors, officers, employees, or agents indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which they may incur to a third party or you as a result of your breach of the provisions of these Terms of Use or your misuse of this website.
11. Applicable Law and Jurisdiction
PRC controls this website from Vancouver, British Columbia, Canada. These Terms of Use are, and your use of this website is, governed by the laws of British Columbia the laws of Canada that apply in British Columbia. Any dispute arising out of or in connection with your use of this website is subject to the exclusive jurisdiction of the Courts of British Columbia.
PRC makes no representation that this website is appropriate or available for use in all locations, and accessing this website from jurisdictions where this website or information contained on this website is illegal is prohibited. If you choose to access this website from such a location, you do so on your own initiative and you are responsible for compliance with applicable local laws.