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Terms and Conditions of Website Use

Terms of Use

This website and all information contained within is provided by DMC Mining Services Ltd. and its affiliates (hereinafter “DMC”) as a service to visitors to the website. If you use this website, you are agreeing to comply with and be bound by all the terms and conditions contained in these Terms of Use (hereinafter “Terms of Use”), which together with the Privacy Policy govern DMC’s relationship with you in relation to this website.

Use of Site

This website is for your general information and internal use only and is subject to change without notice. We grant to you, a non-exclusive, non-transferable, limited license only to use this website in accordance with the provisions set out in these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by us and if applicable, our licensors. DMC may at any time and for any reason, change these terms of use without any notice to you. This website contains material which is owned by or licensed to DMC. This material includes, but is not limited to, the information, design, layout, graphics, look, content, trade-marks, trade names, images and products (hereinafter “Content”). Except as specifically provided below, you should assume that everything on this website is copyrighted and that neither the website nor the Content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of DMC except that you may download, display and print the Content presented on the website for your general, personal, informational, internal and non-commercial use only. Unauthorized use of the website and/or the Content contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

All communications transmitted to this website are on a non-confidential, non-proprietary basis and become the sole and exclusive property of DMC. DMC is under no obligation of any kind with respect to such communications for the purpose of reproduction, publication or otherwise use including any ideas, inventions, concepts, techniques or know-how contained therein, for any purpose including the development, manufacture, and marketing of goods and services.

Certain statements made on this website, which describe DMC’s intentions, expectations or predictions, are forward-looking and are subject to certain risks and uncertainties, and therefore there are a number of factors that could cause the results or events predicted in these statements to differ materially from current expectations and from actual results or events. DMC disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Liability Disclaimer

Neither DMC nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content for any purpose. You acknowledge that the Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Content is provided on an “as is” and “as available” basis without any representations or warranties whatsoever. DMC, to the fullest extent permitted by law, disclaims all warranties including without limitation warranty of merchantability, non-infringement of third-party rights, and warranty for fitness for purpose. All such warranties, whether express or implied, are expressly excluded and disclaimed. All information is subject to change without notice. Your use of the Content is entirely at your own risk, for which DMC shall not be liable.

By using this website, you release DMC from all liability resulting from such use and you agree that in no event shall DMC, its affiliated companies, suppliers, or any third parties mentioned on this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the Content contained herein, regardless of whether such damage resulted from a claim based on warranty, contract, tort or any other legal theory and whether or not DMC is advised of the possibility of such damages.

Links

From time to time this website may also include links to other third-party websites. Such links are provided solely as a convenience to you and not as an endorsement by DMC of such third-party websites. DMC is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of the content on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Security

In addition to prohibitions imposed by law, you are prohibited from intentionally breaching or attempting to breach the security of this website or DMC servers including without limitation: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access; (2) attempting to probe, scan or test for vulnerability in a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with or deny service to any user, host or network, including, without limitation, via means of submitting a virus or “trojan horse” to the website, overloading, “flooding”, “mail bombing” or “crashing”; or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Breaches or attempted breaches of system or network security may result in civil or criminal liability. DMC will investigate any such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting offenders.

Privacy

All information, including personally identifiable information that you provide while accessing or using the website, is subject to DMC’s Privacy Policy. By accessing and using this website you agree to the use and disclosure of the information you submit on the website as outlined in the Privacy Policy and the Privacy Policy is incorporated into and forms part of the Terms of Use.

USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY CONTENT FROM IT.

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