Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use constitute a legal agreement and are entered into by and between you and Nauticol Energy Ltd. (“Nauticol”,”Nauticol Energy“, “Company,” “we,” “us,” or “our“, as appropriate). The following terms and conditions together with any documents they expressly incorporate by reference (collectively, the “Terms and Conditions“), govern your access to and use, including any content and functionality, offered on www.nauticolenergy.com (the “Website“).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR COMMERCIAL PRIVACY POLICY, INCORPORATED TO THESE TERMS AND CONDITIONS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Modifications to the Terms and Conditions and to the Website

We reserve the right to modify and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications and your continued use of the Website shall be deemed as your acceptance of these modifications.

The information and materials on this Website may be added, changed, withdrawn or terminated at any time in our sole discretion without prior notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.  Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever in connection with your use of this Website.

Your Use of the Website and Security

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict, disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and the entirety of its contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Nauticol Energy, its affiliates, licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, designs, and images are trademarks of the Company or its affiliates or licensors. Any unauthorized use of these marks or other materials is expressly prohibited and constitutes a violation of copyright and/or trademark laws or other intellectual property rights. You are prohibited from using such marks without the prior written permission of the Company.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

Forward-looking Statements

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. We may, from time to time, make forward-looking statements on the Website, within the meaning of applicable legislation.

Forward-looking statements and other information are based on the Company’s current expectations, estimates, projections and assumptions that were made by Nauticol Energy in light of information available to it at the time the statement was made and in consideration of a variety of factors. Forward-looking statements are not guarantees of future performance and involve a number of risks and uncertainties, some that are similar to other oil and gas companies and some that are unique to Nauticol Energy. The Company’s actual results may differ materially from those expressed or implied by its forward-looking statements, so readers are cautioned not to place undue reliance on them. Although we believe that the expectations represented by such forward-looking statements are reasonable, there can be no assurance that such expectations will prove to be correct

Use of Cookies

We use various online tools to collect non-personal information about your use of our Website, such as cookies, pixel tags, beacons, and automatic logging of session data. By using this Website, you are consenting to the use of these online tools which allow us to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the opportunity to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

Third Party Websites

For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party websites, and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites.

Geographic Restrictions

The owner of the Website is based in Alberta, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside of Canada, you do so at your own risk, and you are responsible for compliance with the local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNATIVE DAMAGES OF ANY NATURE THAT MAY RESULT FROM THE USE OR INABILITY TO USE, THE WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR THE MATERIALS OR CONTENT IN ANY SITES LINKED TO THIS WEBSITE, EVEN IF NAUTICOL ENERGY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold Nauticol Energy, its affiliates, and their respective officers, directors, shareholders, predecessors, successors, assigns, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against the Company by any third party due to or arising out of or in connection with your use of this website or its contents.

Governing Law and Jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

REPORTING AND CONTACT

This website is operated by:

Nauticol Energy Ltd.
202 6 Ave SW Suite 1500,
Calgary, AB T2P 2R9

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Company at:

Marc Adler, Chief Legal Officer
Email: madler@www.nauticolenergy.com
Office (Direct): 587-393-7727

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

Terri Sudnik, Vice President, Communication and Consultation
Email: tsudnik@www.nauticolenergy.com
Office (Direct): 780-518-8711

 

Last Updated: [May 20, 2019]