Terms of Use

WELCOME

Kineticor Resource Corp. (“Kineticor”, “we”, “us”, “our”) welcomes you to our website located at www.kineticor.ca, and all products and services made available through such website (collectively, the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing or using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference. 

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by Kineticor. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including the “look and feel” of the Website (collectively, the “Content”) contained in this Website are owned by Kineticor, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws. 

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Kineticor. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Kineticor. To obtain written consent for such reproduction, please contact us at https://kineticor.ca/contact/. 

As a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations. 

Kineticor retains the right to deny use of the Website to anyone, at any time and for any reason, including for violation of these Terms of Use. You will cease and desist from using the Website immediately upon request by Kineticor to do so.

LINKING

Our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Kineticor and that Kineticor has no control over the content of such websites. Consequently, Kineticor cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

DISCLAIMER / LIMITATION OF LIABILITY 

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate or complete.

ACCORDINGLY, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED OR REFERENCED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WHETHER WRITTEN OR ORAL. KINETICOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, COLLATERAL OR STATUTORY, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KINETICOR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES KINETICOR REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

IN NO EVENT SHALL KINETICOR, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT, EVEN IF KINETICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY

You agree to indemnify and hold harmless Kineticor, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from or in connection with: (1) any actual or alleged violation by you of these Terms of Use or (2) any actual or alleged infringement of third party intellectual property.

PRIVACY

Please click here to review our current Privacy Policy, which contains information about the manner in which we collect, use, disclose or otherwise manage personal information.  

CHANGES AND TERMINATION

Kineticor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. Further, Kineticor reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including by checking the date of “Last Update” at the top of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Kineticor to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

TRADEMARKS

“Kineticor” is a trademark of Kineticor. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Kineticor. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS 

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Calgary, Province of Alberta. 

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use, by posting notices or links to such notices on the Website itself. 

ENTIRE AGREEMENT

This Terms of Use constitutes the entire agreement between you and Kineticor supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Kineticor as set forth above. 

CONTACT

If you have any questions or comments regarding these Terms of Use please contact us at https://kineticor.ca/contact/.

Last Updated: 21 July 2021