- (a) modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof;
- (b) renting, leasing, sublicensing or transferring any rights in this website or the Content;
- (c) removing any proprietary notices or labels on this website or the Content;
- (d) violating, plagiarizing or infringing on the rights of Xinergy Ltd. or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- (e) any unauthorized use of the Content (including use on any other website or networked computer environment); and
- (f) engaging in any conduct which Xinergy Ltd., in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to these terms of use, or intentionally interfering with the website or Xinergy Ltd.’s computer systems.
ENGAGING IN PROHIBITED CONDUCT MAY SUBJECT YOU TO CIVIL LIABILITY AND CRIMINAL PROSECUTION UNDER APPLICABLE LAWS.
DISCLAIMERS AND LIMITATIONS
THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL XINERGY LTD. OR ANY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF PROFITS OR BUSINESS
INTERRUPTION) OR DUE TO THE USE OF OR INABILITY TO USE THE INFORMATION, MATERIALS AND/OR CONTENT ON THIS WEBSITE.
In using this website, you agree that Xinergy Ltd. shall not be liable for any damages whatsoever (including indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from (a) your use of or reliance on any Content, information or other materials, contained on this website; (b) any inaccuracy or omission in such information or failure to keep the information current; (c) use of any third party websites linked or referred to in this website; (d) any delays, inaccuracies or errors in, or in the transmission of, any stock price quotes or historical price data; (e) any Internet software used in connection with this website or computer viruses or other destructive programs encountered as a result of using this website; and (f) any other matter connected with the website; even if Xinergy Ltd. is made aware of the possibility of such claims, damages or losses.
Although considerable care has been taken in preparing and maintaining the information and materials contained on this website, they are provided on an "as is" basis, without warranty of any kind, either express or implied, with respect to the accuracy or completeness of the information. Unless otherwise indicated, all Content, information and other materials posted on this website are current only as of the date of the document that contains the Content, information, and/or materials, if indicated, or the date on which the document is posted, whichever is earlier. Xinergy Ltd. may at any time make changes to the Content, information and materials on this website without prior notice. You should always ensure that you are referring to the most current Content, information and materials available on this website.
In this website, Xinergy Ltd. has provided links and references to other websites. Xinergy Ltd. has no control over information at sites hyperlinked or referred to in this website. These links and references are being provided for the convenience of the users of this website and Xinergy Ltd. does not endorse and is not responsible or liable for the content, nature or reliability of any linked or referenced website or any link contained in a linked or referenced website. Xinergy Ltd. takes no responsibility for monitoring, updating, supplementing or correcting any information on any linked or referenced website and makes no representation or warranties regarding such information. Please be aware that in linking or going to these outside websites, you are leaving the Xinergy Ltd. website and that Xinergy Ltd. is not responsible for the content or privacy practices of any other site.
INDEMNITY
You agree to indemnify, defend and hold harmless Xinergy Ltd. and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of these terms of use or your violation of any law or the rights of such third party. Xinergy Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Xinergy Ltd.
FORWARD LOOKING INFORMATION
The common shares of Xinergy Ltd. trade on the Toronto Stock Exchange.
Certain information contained in this website contains “forward-looking information” within the meaning of applicable Canadian securities legislation. Generally, forward-looking information can be identified by the use of forward-looking terminology such as “plans”, “expects”, or “does not expect”, “is expected”, “budget”, “scheduled”, “estimates”, “forecasts”, “intends”, “anticipates”, or “does not anticipate”, or “believes” or variations of such words and phrases or state that certain actions, events or results “may”, “could”, “would”, “might”, or “will be taken”, “occur”, or “be
achieved”.
Forward-looking information is subject to known and unknown risks, uncertainties and other factors that may cause the actual results, level of activity, performance or achievements of Xinergy Ltd. to be materially different from those expressed or implied by such forward-looking information, including those factors discussed in the section entitled “Risk Factors” in Xinergy Ltd.’s most recently filed Annual Information Form available on this website and on SEDAR at www.sedar.com.
Forward-looking information is based on the reasonable assumptions, estimates, analysis and opinions of management made in light of its experience and its perception of trends, current conditions and expected developments, as well as other factors that management believes to be relevant and reasonable in the circumstances at the date that such statements are made, but which may prove to be incorrect. Although Xinergy Ltd. believes that the assumptions and expectations reflected in such forward-looking information are reasonable, undue reliance should not be placed on forward-looking information because Xinergy Ltd. can give no assurance that such expectations will prove to be correct. Readers are cautioned that the foregoing is not exhaustive of all factors and assumptions which may have been used.
Although Xinergy Ltd. has attempted to identify important factors that could cause actual results to differ materially from those contained in forward-looking information, there may be other factors that cause results not to be as anticipated, estimated or intended. There can be no assurance that such information will prove to be accurate, as actual results and future events could differ materially from those anticipated in such information. Accordingly, readers should not place undue reliance on forward-looking information. Xinergy Ltd. does not undertake to update any forward-looking information, except in accordance with applicable securities laws.
JURISDICTIONAL ISSUES
Access to this website and any content on this website is not permitted where prohibited by law. If you choose to access this website and/or any content, you can do so on your own initiative and are responsible for compliance with applicable laws.
GENERAL
These terms of use and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these terms of use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Xinergy Ltd. in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of these terms of use shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These terms of use constitute the entire agreement between you and Xinergy Ltd. in connection with your use of this website. Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Xinergy Ltd. other than that of independent contractors.
Termination
Xinergy Ltd. may, in its sole discretion, terminate or suspend your access to all or part of this website and/or the Content for any reason, including, without limitation, your breach of these terms of use or transmission of any unsolicited advertising materials.
UPDATING THESE TERMS OF USE
These terms of use may be updated from time to time, so we suggest that you return to the website on a regular basis and carefully read the information provided. Your continued use of the website means that you agree with the updated terms of use and, more specifically, that you have granted your consent to use collection, use, retention and disclosure of your personal information as set out in the updated terms of use.
Last updated: September 17, 2010