Please read the following terms and conditions of use (the “Terms of Use”) carefully before using the www.leadfxinc.com Website (the “Site”). By using or accessing the Site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the Terms of Use. If you do not agree to the Terms of Use, do not use the Site.
The Terms of Use may be amended from time to time without notice. Accordingly, you should periodically revisit the Site to review the then-current Terms of Use governing your use of the Site.
References to the “Company” in the Terms of Use include LeadFX Inc. and all of its subsidiaries, affiliates and related companies.
Proprietary Rights
The Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other materials on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which are owned by the Company. You may download information from the Site for your personal, non-commercial viewing, but you may not, directly or indirectly, otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without the Company’s prior written approval. You do not acquire ownership rights to any Content by accessing or using the Site, and the Company’s posting of Content on the site does not constitute a waiver of any right in or to such Content.
The Company owns its logo, and all other Company trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site are owned by third parties and are used by the Company under licence.
Disclaimers
This Site and its Content are provided “as is” and “as available”. The Content is believed to be accurate when it was posted on this site. However, the Content may not be accurate, complete or current. To the fullest extent permissible under applicable law, the Company disclaims all representation and warranties, whether express, implied or statutory (including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). The Company does not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Site is prepared by the Company and is believed to be accurate, but has not been independently audited or verified and is provided for informational purposes only. This information and Content is not to be construed as an offer or as a recommendation to buy or sell securities in any jurisdiction. The Company does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise. The information and other Content on the Site is not meant to modify, qualify, supplement or amend information disclosed by or on behalf of the Company under corporate, securities or other legislation in any jurisdiction, and should not be used to make investment decisions involving the Company’s securities.
You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
Limitation of Liability
The Company and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind including, without limitation, indirect, special, consequential or incidental damages, lost profits, business interruption or other damages arising directly or indirectly from your use of the Site or the Content, including without limitation your use or reliance on any information or other Content contained on the Site; any inaccuracy or omission in any information or other Content contained on the Site; your use of or reliance on any third-party websites linked to the Site.
Forward-Looking Statements
Certain statements contained in this web site constitute forward-looking information within the meaning of securities laws. All statements included herein (other than statements of historical facts) which address activities, events or developments that management anticipates will or may occur in the future are forward-looking statements, including statements as to the following: the timing and length of care and maintenance at the Paroo Station mine and future sales, future targets and estimates for production and sales, the receipt of required additional financing to restart and operate the Paroo Station mine, statements relating to the business and future activities of, and developments related to LeadFX and its subsidiaries, including the development of water, lead, silver and industrial minerals and aggregates assets, future business acquisitions, future lead production, the Company’s ability to meet its working capital needs and debt repayments in the near term, the circumstances or timing and costs surrounding a restart of the Paroo Station mine, forbearance by Enirgi Group Corporation pursuant to the credit agreement, as amended, projections with respect to cash flows and working capital, the cost and timing for completion of capital projects necessary for any future operations, the Company’s ability to comply with the transportation and operating conditions for the Paroo Station mine, capital expenditures, operating costs, cash costs, Mineral Resources, Mineral Reserves, life of mine, recovery rates, grades and prices, business strategies and measures to implement such strategies, competitive strengths, estimated goals and plans for LeadFX’s future business operations, commodity prices outlook and other such matters. Forward-looking statements are often, but not always, identified by the use of words such as ‘‘seek’’, ‘‘anticipate’’, ‘‘contemplate’’, ‘‘target’’, ‘‘believe’’, ‘‘plan’’, ‘‘estimate’’, ‘‘expect’’, and ‘‘intend’’ and statements that an event or result ‘‘may’’, ‘‘will’’, ‘‘can’’, ‘‘should’’, ‘‘could’’ or ‘‘might’’ occur or be achieved and other similar expressions. These statements are based upon certain reasonable factors, assumptions and analyses made by management in light of its experience and perception of historical trends, current conditions and expected future developments, as well as other factors management believes are appropriate in the circumstances. However, whether actual results and developments will conform with management’s expectations is subject to a number of risks and uncertainties, including factors underlying management’s assumptions, such as, expected concentrate sales when in operations, the costs and other capital expenditures required to maintain operations and transportation, the timing, need and ability to raise any additional financing and the risks relating to ramping up mining and milling throughput and operations, funding requirements, operations being placed on care and maintenance, the restart of mining and milling operations, matters relating to regulatory compliance and approvals, shareholder dilution, matters relating to public opinion, presence of a majority shareholder and management services agreements, matters related to the Esperance settlement and shipments through the Port of Fremantle, regulatory proceedings and litigation and general operating risks such as metal price volatility, lead carbonate concentrate treatment charges, exchange rates, the fact that the Company has a single producing mineral property, health and safety, environmental factors, mining risks, metallurgy, labour and employment regulations, government regulations, insurance, dependence on key personnel, constraints on cash distribution from the Paroo Station mine, the nature of mineral exploration and development and common share price volatility. Additional factors and considerations are discussed in the Company’s most recent Annual Information Form, as updated in other documents filed from time to time by LeadFX with Canadian securities regulatory authorities. While LeadFX considers these assumptions to be reasonable based on information currently available to it, they may prove to be incorrect. These factors may cause the actual results of the Company to differ materially from those discussed in the forward-looking statements, and there can be no assurance that the actual results or developments anticipated by management will be realized or, even if substantially realized, that they will have the expected results on the Company. Undue importance should not be placed on forward-looking information nor should reliance be placed upon this information as of any other date. Except as required by law, while it may elect to, LeadFX is under no obligation and does not undertake to update this information at any particular time.
Cautionary Note to US Investors
The United States Securities and Exchange Commission (“SEC”) permits mining companies, in their SEC filings, to disclose only those mineral deposits that a company can economically and legally extract or produce. The Company may use certain terms in its publications or in the Content such as “resources” or “possible ore reserves” that SEC guidelines strictly prohibit U.S. companies from including in filings with the SEC. In addition, the Company’s publications and the Content may include information about adjacent properties on which the Company has no right to explore or mine. The Company advises U.S. investors that the SEC’s mining guidelines strictly prohibit information of this type in documents filed by U.S. companies with the SEC. U.S. investors are cautioned that mineral deposits on adjacent properties are not indicative of mineral deposits on the Company’s properties.
Stock Quotes
All stock price quotes and historical stock price data on the site are provided by third parties, are for informational purposes only, and are not intended for trading purposes. If you are contemplating trading in the Company’s securities, the Company strongly advises that you obtain independent professional advice (including independent legal and financial advice from qualified advisors) before making any investment decision. The Company makes no representation or warranty regarding the timeliness, accuracy or completeness of any stock price quotes or historical stock price data and has not taken any steps to verify the adequacy, timeliness, accuracy or completeness of the information on the Site.
Security and Viruses
E-mail communications between you and the Company may not be secure. We suggest that you encrypt all e-mail to increase the security of your communications with the Company.
The Company has taken precautions to ensure that the Site is free of computer viruses. Nevertheless, you should install and maintain appropriate anti-virus and other protective software. Without limiting any other wording in these Terms of Use, the Company disclaims any and all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
Privacy
The Company respects your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide. If the Company asks you to provide any personal information, the Company will tell you the purposes for which the Company intends to use that information. The Company will not collect, use, or disclose that information without your consent, and the Company will not use or disclose that information for any other purposes without your consent.
The Company does collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, and the Internet Protocol addresses of Computers accessing the Site. This information is only used for internal purposes.
Linking
The sites that are linked from the Sites are not under the Company’s control, and the Company does not assume any responsibility or liability for any communications or materials available at or from those linked sites. The Company does not investigate, monitor or check those websites for accuracy or completeness. All links are provided for your convenience only; they are not an endorsement or referral by the Company.
If you wish to provide a link to the Site from your website, you may only link to the Company’s home page at www.leadfxinc.com. You may not use any of the Company’s icons or logos on your website without the Company’s express written consent, and you may not use the link to suggest that the Company sponsors, endorses, approves of, or is affiliated with, you or your website.
Jurisdiction
These Terms of Use, your access to and use of the Site and the Content, and any claims made at law or in equity against the Company or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with the applicable Canadian laws.
Other Agreements
If there is any conflict between the Terms of Use and any other agreement between you or your business and the Company, the latter agreements will prevail.
General
If any part of the Terms of Use is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms of Use.