Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS.

THIS WEBSITE LOCATED AT WWW.CONDUCTIVE.ENERGY (THE “WEBSITE”) IS OWNED AND OPERATED BY CONDUCTIVE ENERGY INC. (“CONDUCTIVE”). ACCESS AND USE OF THIS WEBSITE INCLUDING ANY FEATURES OFFERED THROUGH IT ARE PROVIDED BY CONDUCTIVE TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE INCLUDING ANY ADDITIONAL TERMS EXPRESSLY INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS OF USE”). BY ACCESSING OR USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

These Terms of Use govern your access to and use of this website including any features offered through it. You understand and agree that the Terms of Use constitutes a legal agreement between you and Conductive, which has the same force and effect as an agreement that is manually signed by you. You represent and warrant that you have all necessary right, power and authority to enter into the Terms of Use and to perform and otherwise discharge all of your obligations set out herein.

If you access and use this website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws. If you are unable to accept and agree to the Terms of Use or are prohibited from access and/or using this website pursuant to any such laws, you may not access or use this website.


Cautionary Note Regarding Forward-Looking Statements

This website contains forward-looking information regarding Conductive. Generally, forward-looking statements can be identified by the use of forward-looking language such as “anticipate”, “believe”, “expect”, “estimate”, “plan”, “forecast”, “future”, “target”, “project”, “pursue”, “capacity”, “could”, “should”,
“focus”, “on track”, “outlook”, “potential”, “may”, “will”, “aim”, “implication”, “visibility”, “vision”, “commit”, “commitment”, “would”, “intend”, “confident”, “poised” or similar expressions including statements about Conductive’s strategy, business plans and related milestones and schedules. Forward-looking statements are based on certain factors and assumptions of Conductive as of the date such statements are made, some of which are specific to Conductive and other that apply to the industry generally. Forward-looking statements are subject to known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Conductive to be materially different from those expressed or implied by such forward-looking statements. These risks include, but are not limited to, risks related to: Conductive’s ability to develop and scale its technologies; Conductive’s ability to protect its intellectual property rights and avoid the infringement of third-party intellectual property rights; Conductive’s ability to commercialize its technologies, the size of the addressable markets; Conductive’s ability to attract and retain key personnel; changes in the regulatory environment; fluctuations in costs; Conductive’s ability to obtain sufficient financing to support its operations; changes to the competitive environment; the impact of general economic conditions; and other matters that are beyond Conductive’s control. There can be no assurance that such statements on this website will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements.
Accordingly, you should not place undue reliance on forward-looking statements contained on this website. Conductive does not undertake to update any forward-looking statements except in accordance with applicable securities laws.


No Reliance on Content

Information contained on this website is for general information purposes only. For greater certainty, information contained on this website does not constitute a solicitation or an offering of securities in any jurisdiction. Although Conductive believes the information on this website to be correct at the time it is posted, Conductive does not make any representations, warranties or guarantees, whether express, implied or statutory, that such information is accurate, complete or current.

This website may include information and/or materials provided by third parties including, without limitation, from third-party licensors. All statements and/or opinions expressed in any such third-party information and/or materials, other than the information and/or materials provided by Conductive, are solely the opinions and the responsibility of the person or entity providing such information and/or materials. Such information and/or materials do not necessarily reflect the opinion of Conductive. Neither Conductive nor any of its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you or any third parties for any such third-party information and/or materials.


Privacy

It is Conductive’s policy to comply with the privacy legislation within each jurisdiction in which it operates. Sometimes the privacy legislation and/or an individual’s right to privacy are different from one jurisdiction to another. The Terms of Use only covers those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable. Consequently, the rights and obligations regarding policy matters may not be available to all individuals or in all jurisdictions.

For the purpose of the Terms of Use, personal information is any information about an identifiable individual, other than an individual’s business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities.

Conductive may collect information related to your visit to this website, including the IP address and domain used to access this website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within this website that is viewed by that IP address and what country you are from. Conductive uses this information to monitor this website’s performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade this website.

In addition, you may choose to submit content or other material through this website including, without limitation, information relating to a request, by you, for Conductive to test your brine or concentrate, and your submission may include personal information. Conductive collects this information for the purpose of Conductive conducting it business, which includes, among other things, developing, maintaining and managing a relationship with you, responding to your requests and providing you with the products and services that have been requested as well as any other reasonable purpose to which you consent.

Conductive may use or disclose your personal information (i) as permitted or required by applicable law or regulatory requirements, (ii) for the purposes described above or (iii) for any additional purposes for which Conductive has obtained your consent to the use or disclosure of your personal information. For greater certainty, Conductive may use or disclose your personal information without your knowledge or consent where it is permitted or required by applicable law or regulatory requirements to do so.

Conductive assumes that, unless you advise otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this section of the Terms of Use.

Should you choose to submit any content or other material through this website, you understand that such material (including, for example, your name and/or your user ID) may become public.

If you have any questions or concerns about how we manage your personal information, please contact our Privacy Officer, Haafiz Hasham, in writing or by e-mail. He will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Any interpretation associated with this section of the Terms of Use will be made by our Privacy Officer.

You acknowledge and agree that access to and use of this website is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.


Security

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 measures; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing transmission control protocol/internet protocol packet header; (e) disrupting network services and otherwise disrupting Conductive’s ability to monitor this website; (f) using any robot, spider, or other automatic device, process, or means to access this website for any purpose, including monitoring or copying any of the information and/or materials on this website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking this website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper operation of this website.


Intellectual Property

This website including, without limitation, its content and features, is the property of Conductive and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade- marks, trade-names, internet domain names and other similar rights.

You may only use this website for your personal and non-commercial use. Conductive may make certain communications, content, software or other materials (including, for example, all files, text, URLs, video, audio and images contained in or generated by such materials and accompanying data) (collectively, the “Materials”) available to you through this website. If you download or use any of the Materials, you agree that such Materials: (i) may only be used for your personal and non-commercial use; (ii) may not be sold, shared, redistributed or reproduced; (iii) may not be decompiled, reverse-engineered, disassembled, modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Conductive’s prior written permission; and (iv) may only be used in compliance with any additional license terms accompanying such Materials. Conductive does not transfer either the title or the intellectual property rights to the Materials to you, and retains full and complete title to the Materials as well as all intellectual property rights therein. Conductive or its licensors own all related trademarks and logos, and you have no rights of any kind to use them in any manner.

Any use of this website not expressly permitted by the Terms of Use is a breach of the Terms of Use and, without limiting the other remedies that Conductive may have, your right to use this website will cease immediately.


Disclaimer of Warranties

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK AND NEITHER CONDUCTIVE NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY INFORMATION AND/OR MATERIALS CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE.

THIS WEBSITE AND ALL INFORMATION AND/OR MATERIALS CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; PROVIDED, HOWEVER, THAT THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CONDUCTIVE, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR

SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, ACCURACY, CURRENCY, SECURITY OR AVAILABILITY OF THIS WEBSITE OR ANY INFORMATION AND/OR MATERIALS CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, CONDUCTIVE HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR THIS WEBSITE OR ANY INFORMATION AND/OR MATERIALS CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE BEING INCOMPLETE, INACCURATE, OUTDATED, UNAVAILABLE, SUBJECT TO A SECURITY BREACH OR SUBJECT TO OR CONTAINING ANY VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.


Limitation of Liabilities

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL Conductive OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF LEIP WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW ABOUT SAME, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON, THIS WEBSITE OR ANY INFORMATION AND/OR MATERIALS CONTAINED ON OR OBTAINED THROUGH THIS WEBSITE.


Indemnification

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD CONDUCTIVE HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING CLIENT SOLICITOR FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE, OR FROM YOUR ACCESS TO AND/OR USE OF THIS WEBSITE.


Modifications to the Terms of Use and the Website

Conductive reserves the right, in its sole and absolute discretion, to modify, from time to time and at any time, the provisions of the Terms of Use. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of this website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued access to and/or use of this website shall be a deemed acceptance of such modifications.

Conductive also reserves the right, in its sole and absolute discretion, to modify, from time to time and at any time, to modify this website, which may include, without limitation, modifying, supplementing, eliminating or terminating any content or features on or available through this website or any hardware, software or equipment required to use and access this website.


Termination

Conductive may, from time to time, but is in no way obligated to, permit you to access and use this website in accordance with the Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this website may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Conductive shall not, in any event, be responsible to you in any way should you be unable to access this website at any time.


Governing Laws

This website and the Legal Notice 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 (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this website and under this Legal Notice will be instituted in the courts of the province of Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.