Effective date: August 15, 2011
Any use by you of this Website or any of its contents or the Content (as defined below) constitutes acceptance of the following. Please read carefully.
Terms and Conditions for Viewing this Website
Your use of this website ("Website") or the Content (as defined below) constitutes acceptance of these terms and conditions ("Agreement"). Consideration for this Agreement includes your being provided with access to this Website and the Content (as defined below). Any downloading, viewing or use of the Content is conditional on your acceptance of this Agreement and further constitutes and confirms your acceptance of this Agreement. This Agreement defines the limited license granted to you, contains disclaimers, indemnities and limitations, and limits your legal rights. If you do not accept and agree to this Agreement, you must not access or use the Content or this Website.
Conditional on your accepting and entering into this Agreement with RMP, RMP grants a personal, limited, revocable, non-exclusive and temporary license to access, download, display, view, print and save information and content (the "Content") available on or through this Website for your own personal and non-commercial use. You do not own the Content but you have limited and revocable permission to view and use it. This Agreement does not give you permission to modify the Content, to publish, distribute or disseminate the Content, to create or develop compilations or derivative works based on or incorporating the Content, to convert the Content into another format, or to remove any proprietary notices or to use the Content in any other manner than expressly permitted in this Agreement. The license granted under this Agreement may be terminated at any time by RMP without cause or notice and without any liability whatsoever to you.
This Website is maintained by RMP as an informational service for convenience only and the Content is not intended to, and does not, supplement or substitute for the formal legal disclosure and regulatory compliance and filings of RMP. The Content contains, or may contain certain forward-looking statements ("Statements") as may be defined in applicable securities laws, or otherwise, that reflect the expectations or views of RMP with respect to the business and performance of RMP and related future events. The Statements are based on RMP management's assessment of future plans that involve geological, engineering, operational, and financial expectations and opinions, forecasts, projections, indications, targets, guidance, or other similar statements and are not statements of fact. The words, "anticipate," "expect," "estimate," and similar expressions are intended to identify such Statements. Although RMP believes that such estimates or expectations reflected in such Statements are reasonable, RMP can give no assurance that such Statements are correct and the Statements are speculative in nature. RMP will take reasonable steps to ensure that any Statements are current at the time of posting on the Website or otherwise being made available to you, but you acknowledge and agree that all such Statements are subject to a number of risks, uncertainties and assumptions that may cause actual results to be materially different from those expressed or implied.
You agree that in no case will RMP be liable for any difference between actual results and the contents of the Statements, and you further agree that RMP shall have no obligation, now or at any time in the future, to update, revise, edit, modify or delete the Statements, the Content, or other contents of this Website, or any portion thereof, in a timely fashion or at all. RMP does not give any guarantee, condition, representation or warranty as to the accuracy, completeness, validity, currency, sufficiency, availability or reliability of the Statements or of the Content.
You acknowledge and agree that information or documents contained in this Website has been filed, or may have been filed pursuant to applicable securities laws or other laws, and such information or documents are not the official versions of the disclosure documents of RMP. If you wish to obtain official copies of any such documents, you will do so either from applicable securities regulators or from RMP.
Intellectual Property Rights
The Website and the Content (other than Third Party Links, described below), including all trade-marks, trade names, designs and logos, together with the design, selection, arrangement and layout of the Website, including its elements and features, are subject to copyright, trade-mark and other intellectual property rights of RMP, or its licensors, and are subject to international laws and treaties protecting intellectual property. All rights not expressly granted by this Agreement are reserved.
Framing of this Website or its contents, including the Content, or linking to internal pages of this Website other than the home page located at http://www.rmpenergyinc.com/ is prohibited without the written permission of RMP.
RMP, RMP Energy Inc., and any and all related logos, graphics and designs are trade-marks of RMP Energy Trust, or its licensors, all rights reserved.
Application of Alberta Law Subject to the rights of RMP to seek equitable relief in any court of competent jurisdiction as provided in this Agreement, the laws of the province of Alberta, Canada, and the laws of Canada applicable in Alberta, will govern the interpretation, validity and effect of this Agreement. You irrevocably attorn to the non-exclusive jurisdiction of the courts of Alberta, sitting at Calgary, without regard to their conflicts of laws provisions. The foregoing will in all cases apply notwithstanding your physical location, jurisdiction, residence or domicile.
Disclaimers and Limitations
The Website and the Content are made available for general informational purposes only and subject always to this Agreement. The Content, including the Statements, does not constitute investment, financial, business, tax, legal or other advice of any kind. You agree, warrant and represent that you will not take any steps or actions, or refrain from taking any steps or actions, in reliance on, or based on, or because of the Content, or any portion thereof, including without limitation the Statements, and that you will in all respects adhere to all provisions of this Agreement. You will indemnify and forever save harmless RMP from any damages arising out of any breach by you of the foregoing warranties and representations.
THE WEBSITE IS PROVIDED STRICTLY ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. RMP GIVES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ANY TIME OR AT ALL.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RMP, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE INFORMATION OR THIS WEBSITE, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THIS WEBSITE OR THE INFORMATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY OR BREACH OF ANY DUTY.
YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF RMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
YOU FURTHER AGREE THAT, IN ANY EVENT, THE TOTAL AGGREGATE DAMAGES FOR WHICH RMP MAY BE LIABLE TO YOU WITH RESPECT TO OR ARISING OUT OF ANY OF THE FOREGOING, OR THE CONTENT OR THE WEBSITE, OR ANY CLAIM OF ANY KIND ARISING UNDER THIS AGREEMENT OR OTHERWISE SHALL BE IN ALL CASES LIMITED TO A MAXIMUM SUM OF $10.00 IN CANADIAN CURRENCY.
In the event of any breach by you of this Agreement, and in addition to and not in substitution of any other right or remedy RMP may have, RMP shall have the right to seek equitable relief, including an injunction or order for specific performance, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.
Changes to this Agreement
You agree that RMP may modify or replace this Agreement at any time and may provide you with good and sufficient notice of any and all such modifications or replacements by posting the changed version on the Website. You agree that it is your responsibility to check for such changes each time you access or use the Website or the Content, and each such access or use will confirm your acceptance of this Agreement, including any changes made.
Insecurity of the Internet
You acknowledge your understanding that the Internet, including email, is an insecure and not fully dependable medium or means of communication or of obtaining information and that data and information may be lost, modified, distorted, intercepted, reviewed or read while in transit. Further, the Content may not be complete or accurate when accessed, downloaded, received, viewed or used by you. You agree that RMP shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Content.
You also agree that, while you may send email messages to RMP by use of links in this Website, where and when the same are available, which availability RMP does not warrant or represent, or otherwise, you understand the risks of using email. RMP cannot ensure that email from you will not be intercepted or altered in transit, or that RMP will in fact receive it. If you wish to send information securely and confidentially to RMP, or if you wish to be sure that RMP responds to you, you will not use email.
Links and Third Party Websites
Links to third party website contained in the Website are provided to you as a convenience only. Such links are accepted by you "as is", "where is" and "as available" and in all cases subject to the disclaimers and limitations set forth in this Agreement. Your use of such links may or will take you to websites that are controlled by third parties and not RMP, and that are subject to change at any time. RMP accepts no obligation to monitor or police such links, or to change or remove them should the content of any such third party linked website be unavailable or objectionable, or any liability should it not do so in a timely fashion or at all. You therefore access, view or use such third party websites solely at your own risk and agree that in no event shall RMP be liable for the contents of any such website, or for any reliance by you upon such website or use of its contents. Third party websites may have different privacy practices or policies than RMP.