Terms of Use of the Website
YOUR ACCESS TO THIS WEBSITE (the “Website”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE.
This Website Legal Notice and Disclaimer (the “Agreement”) is an agreement between you (“You”) and Kobex Resources Ltd. and its subsidiaries (collectively “Kobex”). “We” and “Us” means both You and Kobex. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
Ownership And Copyright
You acknowledge that any and all market data, information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, of Kobex or of its licensors, as the case may be, and that you acquire no interest therein.
Permitted Use
Kobex hereby grants to You a non-transferable and non-exclusive license to access, read and download one copy of the Content on any single computer for your personal, non-commercial use only, provided that you do not remove or alter any copyright or other proprietary notices.
Restrictions On Use
You agree that You will not reproduce, modify or distribute the Content or otherwise use the Content, either directly or indirectly, for any purpose including without limitation compiling an internal database, redistribution or reproduction of the Content by the press or media or through any commercial network, cable or satellite system.
Accuracy of Information
Information on this Website was believed to be accurate at the time it was posted, but may be superceded by more recent public disclosure of Kobex.
Kobex makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
The TSX Venture Exchange has not reviewed the information on this Website and does not accept responsibility for the adequacy or accuracy of it.
United States residents are cautioned that some of the information that may be published in this Website by Kobex may not be consistent with United States Securities and Exchange Commission disclosure rules and may be materially different from what Kobex is permitted to disclose in the United States and therefore United States residents should not rely on such information.
Cautionary Statement on Forward-Looking Statements
This Website and the materials posted on it include certain statements, expectations or estimates of future performance that may be forward-looking statements under United States law or may be forward-looking information within the meaning of the Securities Act (Ontario). Forward-looking statements can be identified by the use of words such as "plans", "expects" or "does not expect", "is expected”, "budget”, "scheduled", "estimates", "forecasts", "intends", "anticipates" or "does not anticipate", or "believes", or variation of such words and phrases or statements that certain actions, events or results "may”, "could", "should", "would", "might" or "will" be taken, occur or be achieved. These forward-looking statements also include plans, estimates, forecasts and statements as to management’s expectations concerning Kobex and its proposed acquisition of an interest in the Lucky Jack Project, including, among other things, Kobex’s plans to earn a 65% interest in the Project and the requirement to purchase 100% of the Project.
Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Kobex to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. These forward-looking statements include estimates, forecasts, and statements as to management’s expectations with respect to, among other things, business and financial prospects, the value of Kobex’s molybdenum business, the size and quality of Kobex’s development projects, mineral reserves and mineral resources, future trends, plans, strategies, objectives and expectations and may be based on a number of assumptions, including, but not limited to, assumptions regarding general business and economic conditions, interest rates, the supply and demand for, deliveries of, and the level and volatility of prices of molybdenum and other primary metals and minerals as well as oil, natural gas and petroleum products consumed by Kobex, the timing of the receipt of regulatory and governmental approvals for Kobex’s development projects and other operations, the availability of financing for Kobex’s development projects on reasonable terms, Kobex’s costs of production and production and productivity levels, as well as those of its competitors, power prices, market competition, the accuracy of Kobex’s reserve estimates (including with respect to size, grade and recoverability) and the geological, operational and price assumptions on which these are based, conditions in financial markets and the future financial performance of Kobex. The foregoing list of assumptions is not exhaustive. These forward-looking statements involve numerous assumptions, risks and uncertainties and actual results may vary materially.
Factors that may cause actual results to vary include, but are not limited to: business and economic conditions in the principal markets for Kobex’s products, the supply, demand, and prices for metals to be produced, changes in commodity and power prices, changes in interest and currency exchange rates, inaccurate geological and metallurgical assumptions (including with respect to the size, grade and recoverability of mineral reserves and resources), unanticipated operational difficulties (including the failure of plant, equipment or processes to operate in accordance with specifications or expectations, cost escalation, unavailability of materials and equipment, government action or delays in the receipt of government approvals, opposition by environmental or other groups, industrial disturbances or other job action, and unanticipated events related to health, safety and environmental matters), political risk, social unrest, changes in general economic conditions or conditions in the financial markets and other risk factors related to the mining and metals industry
Kobex does not assume the obligation to revise or update forward-looking statements that may be contained in this Website or the documents posted on it or to revise them to reflect the occurrence of future unanticipated events, except as may be required under applicable securities laws.
Links. Certain links on this Website lead to other websites ("Linked Sites"). Independent parties over whom Kobex has no control maintain the Linked Sites. Kobex does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such Linked Sites, and when You access such sites, You are doing so at Your own risk. In providing links to the Linked Sites, Kobex is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Kobex is affiliated or associated with the same. KOBEX DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service. You may not frame this Website nor link to this Website without Kobex’s express permission.
Compliance with Laws
In addition to complying with this Legal Notice and Disclaimer, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
Stock Quotes and Charts
Kobex does not guarantee the sequence, accuracy or completeness of any stock quotes available on this Website or other data displayed, and is not liable or responsible in any way for any delays, inaccuracies or errors in any stock price information or data or in the transmission of any stock price information or data. Any Stock price information or data provided is not to be relied upon for any trading, business or financial purpose and Kobex and its service providers are not liable or responsible in any way for any damages, losses or costs arising from reliance upon this information or which may be incurred as a result of the nonperformance, interruption or termination for any reason whatsoever of the stock price information or data.
No Solicitation or Offering
MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. KOBEX DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.
Kobex is subject to the securities laws of various jurisdictions. Information disclosed or provided by Kobex pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website. Kobex’s Canadian and U.S. public filings can be viewed on SEDAR at www.sedar.com and on EDGAR at www.sec.gov, respectively.
Investment Decisions
Due to the technical and security risks inherent in the Internet, because information on this Website may be out of date or superseded by more recent public disclosure of Kobex, and because the document you access may differ from the original depending on your browser software, the information set out in this Website should not be used for the purpose of making investment decisions with respect to Kobex’s securities. If you are contemplating trading in Kobex’s securities, you should review Kobex’s Canadian and U.S. public filings at www.sedar.com and at www.sec.gov, respectively, and contact your securities broker or financial advisors.
Limitations on Liability and Disclaimers.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND KOBEX ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
Kobex will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Kobex to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.
THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET YOUR NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL KOBEX, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF KOBEX OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES ARE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL KOBEX, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, WORMS, TROJAN HORSES OR OTHER DISRUPTIVE CODE, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF KOBEX, EVEN IF KOBEX OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE), OF KOBEX, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES, BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEBSITE, IN THE YEAR IN WHICH THE CLAIM AROSE.
KOBEX ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. KOBEX IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. KOBEX DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
Termination
This Agreement is effective until terminated by Kobex, with or without cause, in Kobex’s sole and unfettered discretion. Kobex may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Kobex shall be in addition to and without prejudice to such rights and remedies as may be available to Kobex, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to Kobex, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
Indemnity
You agree at all times to indemnify, defend and hold harmless Kobex, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Kobex directly or indirectly in respect of:
(i) any information or other content You provide on or through this web site or by e-mail or other correspondence; or
(ii) Your use or misuse of the Content or this web site, including without limitation infringement claims.
Governing Law
Kobex, this web site and the Content (excluding linked web sites or content) are physically located within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the British Columbia courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (British Columbia) as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Kobex related to this Website, the Content or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Kobex or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Interpretation
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.
Entire Agreement
This Agreement as it may be amended from time to time in accordance with the provisions of the previous Interpretation Section, and any and all other legal notices and policies on this web site, constitute the entire agreement between You and Kobex with respect to the use of this Website and the Content.
Amendment and Waiver
Kobex reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Website. You are responsible for periodically reviewing the amendments on this web site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this Website. Access to this Website or use of this Website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Kobex unless executed by Kobex in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Severability
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Last updated August, 2007
