WEBSITE USE AGREEMENT (the “Agreement”)
The following describes the terms under which you may access and use BlueScout Technologies (“BLUESCOUT”) website located at www.bluescout.com (the “BLUESCOUT Website”) as well as use any information posted on the BLUESCOUT Website. By accessing the BLUESCOUT 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 BLUESCOUT Website or any information or materials contained therein.
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 BLUESCOUT Website. Your continued access or use of the BLUESCOUT Website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of or otherwise abuse the BLUESCOUT Website or any system resources, services or networks connected to or accessible through the BLUESCOUT Website. You may only use the BLUESCOUT Website for lawful purposes.
Subject to the terms of this Agreement, you are granted a limited license only to display and print the materials and information contained on the BLUESCOUT Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained on the BLUESCOUT Website in any manner or form whatsoever. Unless you have entered into a separate agreement with BLUESCOUT, any other use of such materials or information without BLUESCOUT’s written permission is prohibited.
The materials and information found in the pages of the BLUESCOUT Website are protected under the laws of applicable jurisdictions. Certain words, phrases, names, titles, icons, graphics, designs or logos used on the BLUESCOUT Website may constitute trade-marks, service marks or trade-names of BLUESCOUT or other entities. The display of trade-marks, service marks or trade-names on the pages of the BLUESCOUT Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trade-marks, service marks or trade-names in any manner whatsoever.
THE MATERIALS AND INFORMATION CONTAINED IN THE BLUESCOUT WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. Information disclosed under the corporate and securities laws of those jurisdictions applicable to BLUESCOUT is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the BLUESCOUT Website. 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 the BLUESCOUT Website should not be used for the purpose of making investment decisions with respect to BLUESCOUT’s shares.
IF YOU ARE GONG 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 CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT HAVE BEEN FILED WITH THE SECURITIES AUTHORITIES.
Individual statements appearing in BLUESCOUT’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 BLUESCOUT Website
DISCLAIMER OF WARRANTIES:
THE BLUESCOUT WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK. BLUESCOUT MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, BLUESCOUT DOES NOT REPRESENT OR WARRANT THAT THE BLUESCOUT WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE BLUESCOUT WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BLUESCOUT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE CONTENT OF THE BLUESCOUT WEBSITE.
EXCLUSION OF LIABILITY:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE CWL WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE BLUESCOUT WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL BLUESCOUT OR ANY OF ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SECURITYHOLDERS, PARTNERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE BLUESCOUT WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, BLUESCOUT’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR AS A RESULT OF THE USE OR EXPLOITATION OF THE BLUESCOUT WEBSITE OR ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.
LINKS TO THIRD PARTY WEBSITES:
BLUESCOUT does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the BLUESCOUT Website. BLUESCOUT provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by BLUESCOUT of the linked website or information contained therein.
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. BLUESCOUT is not liable for any damages related to communications to or from the BLUESCOUT Website. You agree with respect to any information provided by you to us through the BLUESCOUT Website or via e-mail that:
BLUESCOUT has no obligation concerning such information;
The information is non-confidential;
BLUESCOUT may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
The information is truthful and disclosure of the information does not violate the legal rights of others.
FORWARD LOOKING STATEMENTS:
The BLUESCOUT website contains statements that constitute “forward-looking statements” or “forward-looking information” (collectively, “forward-looking statements”) within the meaning of applicable securities legislation. These statements include, among others, estimates of production and operations or financial performance; estimates and prices of future sales; business plans for drilling, exploration and development; the estimated amounts and timing of capital expenditures; estimates of operating costs; business strategy and plans or budgets; royalty rates and exchange rates; and other expectations, beliefs, plans, goals, objectives, assumptions, information and statements about possible future events, conditions, results of operations or performance. Often, but not always, forward-looking statements use words or phrases such as: “expects”, “does not expect” or “is expected”, “anticipates” or “does not anticipate”, “plans” or “planned”, “estimates” or “estimated”, “projects” or “projected”, “forecasts” or “forecasted”, “believes”, “intends”, “likely”, “possible”, “probable”, “scheduled”, “positioned”, “goal”, “objective” or state that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved.
Forward-looking statements are based on current expectations, estimates and projections that involve a number of risks and uncertainties, which could cause actual results to differ materially from those anticipated by BLUESCOUT. Forward-looking statements are not guarantees of future performance. Forward-looking statements are based on a number of assumptions which may prove to be incorrect, including, but not limited to: uncertainties as to the availability and cost of financing and changes in capital markets; uncertainties related to the litigation process; changes in general economic and business conditions; the possibility that government policies or laws may change or governmental approvals may be delayed or withheld; results of BLUESCOUT’s risk mitigation strategies, including insurance and any hedging programs; BLUESCOUT’s ability to implement its business strategy; customer interest in the services and products of BLUESCOUT; competition; and anticipated and unanticipated costs. We caution that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect BLUESCOUT’s operations or financial results are included in BLUESCOUT’s most recent regulatory filings. You can access these filings from the BLUESCOUT Website. In addition, information is available in BLUESCOUT’s other reports on file with Canadian securities regulatory authorities at www.sedar.com.
Forward-looking statements are based on the estimates and opinions of BLUESCOUT’s management at the time the statements are made. While BLUESCOUT anticipates that subsequent events and developments may occur, it does not undertake to update any forward-looking statements contained on the BLUESCOUT Website, except as required by law. Recipients should not place undue reliance on such forward-looking statements. Neither BLUESCOUT nor any of its affiliates, or any of their directors, officers, securityholders, employees, partners, representatives or agents, make any representations or warranties as to the accuracy or reasonableness of any assumptions in the forward-looking statements.
BLUESCOUT is headquartered in Virginia, U.S.A. and the BLUESCOUT Website is controlled, operated and administered by BLUESCOUT from Virginia, U.S.A. The BLUESCOUT Website can be accessed from all states and provinces, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Virginia, U.S.A., by accessing the BLUESCOUT Website, you acknowledge and agree that all matters relating to this Agreement and access to, or use of, the BLUESCOUT Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. You agree that any legal action or proceeding between you and BLUESCOUT which in any way concerns this Agreement or the use of the BLUESCOUT Website or any materials or information contained therein shall be brought exclusively in the courts of Virginia, U.S.A., where BLUESCOUT maintains its principal office. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.
BLUESCOUT makes no representation that access to the BLUESCOUT Website or that the information contained therein is appropriate or legal in all jurisdictions. You may not access the BLUESCOUT 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.
BLUESCOUT’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
All references herein to BLUESCOUT shall be deemed to include any subsidiary, affiliate, associate or successor of BLUESCOUT.