Terms and Conditions
Terms of Use and Disclaimer
Welcome to pureenergy.com (the "Website"). Your access to the Website and any downloading, review, retention and/or use of any material contained on or accessible via the Website (such material including without limitation all information, data, textual content, documents, records, graphics, images, search mechanisms and hypertext links, and the selection and arrangement of the same, all being collectively referred to as the "Content") is conditional upon your acceptance of and compliance with the provisions set out in these Website Terms and Conditions of Use (the "Agreement").
Pure Energy reserves the right to modify this Agreement at any time and all modifications will become effective immediately upon being posted on this website. It is your responsibility to make yourself aware of such modifications.
Use of Website and Content
The Content is made available for general and personal information purposes only. The Content is provided solely "as is", "where is" and "as available". and is subject to the disclaimers and limitations set out below. Your use of the Content and any reliance thereon is and will be solely and entirely at your own risk.
The Website and the Content, including the layout, selection and arrangement of the elements of the Content, are subject to copyright, all rights reserved, except that you are granted a limited, revocable, temporary license to download and view one copy of the Website for personal and non-commercial purposes only, subject to and conditional always on your compliance with this Agreement. No part of the Website or the Content may be otherwise copied, reproduced, published, disseminated, distributed, uploaded or transmitted without the prior express written consent of Pure Energy. You may not modify the Content, remove any proprietary notices or use it in any manner other than as expressly permitted in this Agreement.
Trade-marks
NOTE: insert trade-marks of Pure Enrgy here] are trademarks of Pure Energy. They may not be used in connection with any third party products or services without prior express written consent from Pure Energy.
Disclaimers and Limitations
WHILE PURE ENERGY HAS MADE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT, PURE ENERGY DOES NOT GIVE, AND YOU DO NOT RECEIVE, ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO THE VALIDITY, CORRECTNESS, ACCURACY, CURRENCY, TIMELINESS, COMPLETENESS, RELIABILITY, SUFFICIENCY OR OTHERWISE OF THE CONTENT, INCLUDING ALL CLAIMS OR INFORMATION CONTAINED IN THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT MAY NOT ALWAYS BE THE MOST CURRENT SOURCE OF INFORMATION WITH RESPECT TO ITS CONTENTS OR AS TO PURE ENERGY, AND YOU FURTHER AGREE THAT PURE ENERGY ACCEPTS NO RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY FAILURE TO UPDATE THE CONTENT OR THIS WEBSITE IN A TIMELY FASHION, OR AT ALL.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL PURE ENERGY , OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER OR WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, AND ARISING OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE CONTENT OR THE WEBSITE, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS THEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, ILLNESS, DEATH, BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, LOSS OF EMPLOYMENT OR INCOME, 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 PURE ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT ANY AND ALL DAMAGES RESULTING FROM THE USE OF THIS WEB SITE OR THE CONTENT, WHETHER IN TORT, CONTRACT, PRODUCT LIABILITY, BREACH OF ANY DUTY, OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DIRECT DAMAGES, INDIRECT DAMAGES, GENERAL DAMAGES, SPECIAL DAMAGES, ECONOMIC DAMAGES, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES, AND WHETHER OR NOT FOR LOSS OF DATA, LOSS OF INFORMATION OR LOSS OR DAMAGE TO PROGRAMS, OR DAMAGE TO COMPUTERS OR NETWORKS, OR FROM BREACH OF PRIVACY AND/OR SIMILAR PERSONAL RIGHTS, OR FROM INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FROM ILLNESS, PERSONAL INJURY OR DEATH, OR ANY OTHER DAMAGES WHATSOEVER, SHALL IN ALL CASES BE LIMITED TO A MAXIMUM SUM OF ONE HUNDRED DOLLARS ($100.00).
PURE ENERGY DOES NOT WARRANT OR GIVE ANY CONDITION THAT THE WEBSITE OR THE CONTENT WILL BE FREE OF VIRUSES, WORMS, TROJANS, SPYWARE, MALWARE OR ANY OTHER MALICIOUS OR DESTRUCTIVE CONTENT OR CODE, OR THE RESULTS OF HACKING, CRACKING OR OTHER MALICIOUS HUMAN ACTIVITIES (COLLECTIVELY, THE "THREATS"). YOU ACCESS, VIEW, DOWNLOAD AND USE THE CONTENT SOLELY AT YOUR OWN RISK AND YOU WARRANT AND REPRESENT THAT YOU HAVE TAKEN REASONABLE PRECAUTIONS BY WAY OF, WITHOUT LIMITATION, PURCHASE AND USE OF THE LATEST ANTI-VIRUS AND OTHER TECHNOLOGICAL MEANS TO AVOID ANY LOSS OR DAMAGE TO YOU FROM ANY OF THE THREATS, AND BY YOUR INDEPENDENT VERIFICATION FROM AN APPROPRIATE SOURCE OF ANY INFORMATION IN THE CONTENT. YOU FURTHER AGREE THAT THE INTERNET IS AN INHERENTLY INSECURE AND NOT FULLY DEPENDABLE MEDIUM AND THAT DATA AND INFORMATION MAY BE LOST, MODIFIED, DISTORTED OR INTERCEPTED IN TRANSIT, THAT THE CONTENT MAY NOT BE ACCURATE OR COMPLETE WHEN VIEWED, ACCESSED OR DOWNLOADED BY YOU TO YOUR COMPUTER FOR DISPLAY AND/OR USE AND THAT PURE ENERGY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY SUCH LOSS, MODIFICATION, DISTORTION OR INTERCEPTION.
YOU AGREE THAT ANY HYPERTEXT LINKS CONTAINED IN THE WEBSITE AND LINKING TO THIRD PARTY WEBSITES ARE PROVIDED TO YOU AS A CONVENIENCE ONLY AND LINK TO WEBSITES NOT WITHIN THE CONTROL OF PURE ENERGY AND ARE SUBJECT TO CHANGE AT ANY TIME. YOU ACCESS SUCH THIRD PARTY WEBSITES SOLELY AT YOUR OWN RISK AND AGREE THAT IN NO EVENT SHALL PURE ENERGY BE LIABLE FOR THE CONTENTS OF ANY SUCH THIRD PARTY WEBSITE, OR FOR ANY USE OF OR RELIANCE UPON SUCH WEBSITE BY YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PURE ENERGY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO LAWYERS' FEES AND COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR CONTENT, OR ANY RELIANCE BY YOU THEREON.
No Solicitation
The Content is for information purposes only and is not intended to and does not constitute an offering of securities in any jurisdiction. Pure Energy does not assume any duty of disclosure beyond what which is required by applicable law.
Pure Energy is subject to the securities laws of various jurisdictions. Information disclosed or provided by Pure Energy pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the Content available in, through, or on this Website.
Investment Decisions
The information set out in this Website should not be used for the purpose of making investment decisions with respect to securities of Pure Energy. If you are contemplating trading in Pure Energy’s securities, you should review our publicly filed disclosure documents at www.sedar.com and contact your securities broker or financial advisor.
Forward-Looking Statements
The Content may contain forward-looking statements, including management's assessment of Pure Energy’s future plans and operations. By their nature, forward-looking statements involve numerous assumptions, risks and uncertainties, some of which are beyond Pure Energy’s control, including, but not necessarily limited to: the impact of general economic conditions, industry conditions, volatility of commodity prices, currency fluctuations, competition from other industry participants, the lack of availability of qualified personnel or management, stock market volatility and ability to access sufficient capital from internal and external sources. The foregoing and other factors contribute to the possibility that any predictions, forecasts, projections and various future events will not occur. You are cautioned that the assumptions used in the preparation of such information, although considered reasonable at the time of preparation, may prove to be imprecise and, as such, undue reliance should not be placed on forward-looking statements. Pure Energy’s actual results, performance or achievement could differ materially from those expressed in, or implied by, these forward looking statements, and accordingly, no assurance can be given that any of the events anticipated by the forward-looking statements will transpire or occur, or if any of them do so, what benefits Pure Energy will derive therefrom. Further discussion of risks, uncertainties and other factors that negatively affect the reliability of the forward-looking information are discussed in public filings with the Canadian securities regulatory authorities and on SEDAR. Pure Energy further cautions that information contained on, or accessible through, this Website is current only as of the date of such information and may be superseded by subsequent events. Pure Energy accepts no obligation to update, edit, publish or otherwise revise any documents or information available through the Website, including any forward-looking information, whether as a result of new information, future events or other factors.
Newsletter
By signing up for our Newsletter, you agree that we may use your contact information to provide you with the Newsletter on a regular basis. Our collection, use and disclosure of any personal information you may provide will be subject to our Privacy Policy. Your receipt, use and any reliance on the contents of any one or more of our Newsletters is subject to the terms and conditions of this Agreement.
Linking
Any link to the Website, including any linking to the pages within the Website or framing of Content on the Website , is prohibited without the prior written consent of Pure Energy. Any reference on the Website to any product or service by trade name, trade-mark, hypertext link or otherwise is provided to you for your convenience only and does not constitute or imply its endorsement or recommendation by Pure Energy.
Termination
You or Pure Energy my terminate this Agreement and use of the Website at anytime without notice. Upon any termination of this Agreement by either you or Pure Energy, you will promptly destroy all Content, downloaded or otherwise, obtained from the Website, as well as all copies of such Content, whether made under the terms of this Agreement or otherwise. The sections entitled "Terms of Use and Disclaimer" and "DISCLAIMERS AND LIMITATIONS" shall survive any such termination.
Ontario Law Applies
The laws of the province of Ontario excluding its conflicts of laws provisions, shall govern your use of this Website and the construction, interpretation, validity and effect of this Agreement. The foregoing shall apply notwithstanding your physical location, jurisdiction, residence or domicile. Subject to the rights of Pure Energy to commence an action for equitable or injunctive relief in any court of competent jurisdiction to restrain any breach of this Agreement by you, you hereby attorn and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this Website and undertake and agree to not commence any action or proceeding except in Toronto, Ontario. You further undertake and agree to not commence any action or proceeding as a class action or by way of class proceedings.
Other Terms & Conditions
Any monetary amounts mentioned in this Website are in Canadian dollars unless otherwise noted.You may not assign this Agreement. It is and shall remain personal to you.
Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, but only in such jurisdiction in which such finding of unenforceability is in effect, and the remaining portions of the Agreement shall remain in full force and effect.
This Agreement and any and all other notices, policies and statements contained on the Website constitute the entire agreement between Pure Energy and you and supersede anything in the Website or any prior communication with you inconsistent with this Agreement. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of any such term or condition or any other term or condition.
