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RS Energy Group Canada - Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

1. General.

This website, located at www.rseg.com (the “Website”), is owned and operated by RS Energy Group , Inc. on behalf of itself, RS Energy Group Canada, Inc., RS Energy Group UK, Ltd, our parent company and any other affiliates that we control or which are under the same common control as us (collectively, “RSEG”). RSEG has the right at any time to:

  • change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website;
  • monitor any information transmitted or received through any forum provided on this Website, and in RSEG’s sole discretion and without prior notice, to review, remove or otherwise block any material posted;
  • suspend operation of the Website for support or maintenance work, in order to update the content or for any other reason; and
  • terminate access to this Website without notice.

2. Restrictions on Use.

You shall use the Website for lawful purposes only. You must exercise good sense and sound judgment in using the Website. You are responsible for any material you post, send or otherwise transmit to or through the Website. You shall not post, send or otherwise transmit to or through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, in breach of another person’s rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable law. You shall not violate or attempt to violate the security of this Website, including logging into or attempting to log into a server or account that you are not authorized to access, accessing materials, information or services not intended for you or your use, tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures and posting or transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming or routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Website. Any conduct by you that in RSEG’s discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree, represent and warrant that any information you post, send or otherwise transmit to or through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. If applicable and available, you may choose to access and use RSEG’s optional services available through the Registered User section of the Website (collectively, “Registered User Services”), which may require you to enter into a separate agreement with RSEG governing the use thereof (each a “Registered User Services Agreement”). The terms of any such Registered User Services Agreements shall be supplemental to and in addition to these Terms of Use; provided that if these Terms of Use conflict or are inconsistent with the terms of any Registered User Services Agreement, the terms of the Registered User Services Agreement will take precedence to the extent of the conflict or inconsistency.

3. Intellectual Property.

The Website contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Website are either owned by RSEG or have been licensed to RSEG by the owner(s) of those rights and are copyrighted under applicable copyright laws. RSEG’s name and derivatives or variations thereof, all logos, and all other service marks used on the Website are trademarks or service marks of RSEG. All rights are reserved. All other trademarks appearing on the Website are the property of their respective owners. You agree not to use any trademarks, service marks, names, logos, or other identifiers of RSEG without the prior written permission of RSEG. In addition, you may not use such trademarks (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of RSEG; (c) in a manner likely to be misleading or cause confusion; or (d) in a manner that implies inaccurately that RSEG sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties. Except as expressly provided in a separate written agreement between you and RSEG, you give RSEG an unrestricted, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any material or information that you post or transmit to or through the Website.

4. Website Content.

You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Website content, in whole or in part; except that you may download a single copy of any or all of the pages of this Website for your own personal reference. Except as otherwise expressly permitted in these Terms of Use or under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of RSEG and/or the applicable copyright owner. In the event of any permitted copying (including the single printed copy described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The foregoing provisions of Section 4 are for the benefit of RSEG and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER RSEG NOR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OF THE COMPANIES COMPRISING RSEG WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON-DELIVERY OF CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DISCLOSURE OF COMMUNICATIONS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RSEG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL RSEG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE/APP, EVEN IF RSEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RSEG‘s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT OF US$500.00.

6. Third-Party Content.

You agree to indemnify, defend and hold RSEG and any of the respective members, managers, directors, officers, shareholders, employees, agents, third party content providers or licensors of the companies comprising RSEG harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable legal fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and (ii) your activities in connection with this Website.

7. Linking to this Website.

You may only link to the Website by linking to RSEG’s homepage, www.rseg.com. Linking to any other web page or content within this Website is prohibited without the prior written permission of RSEG. In addition, a website that links to this site: (a) may link to, but not duplicate the content of this site; (b) may not create a frame or other border around the site content; (c) may not imply that RSEG is endorsing it or its services or products; and (d) may not misrepresent its relationship with or otherwise create a false affiliation, connection or association with RSEG.

8. Links.

The Website may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of RSEG. RSEG is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these. Further, RSEG reserves the right to terminate any link or linking program at any time. RSEG does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that RSEG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any information, goods or services available on or through any such site (including any liability arising out of any claim that the content of such site to which this Website is linked infringes the intellectual property rights of any third party). If you decide to access any of such third party sites linked to this Website, you do this entirely at your own risk.

9. Changes to these Terms of Use.

RSEG has the right at any time to change or modify these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. You are bound by any such revisions and should therefore periodically visit the Website and these Terms of Use to review the then current terms and conditions of use to which you are bound. Your use of the Website after any such changes or modifications constitutes your agreement to such changes or modifications.

10. Privacy and Data Protection.

Personal information provided to RSEG through the Website will only be used in accordance with the RSEG Privacy Policy. By using the Website, you acknowledge that you have read and accept the RSEG Privacy Policy, and by providing any personal information to RSEG through the Website you are consenting to its use in accordance with the RSEG Privacy Policy. Before using this Website, you should carefully read the RSEG Privacy Policy by clicking Privacy.

11. Miscellaneous.

A. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to any principles of conflicts of law. You hereby consent to the personal jurisdiction of the courts located in the Province of Alberta, agree that any action related to these Terms of Use must be brought in a court of competent jurisdiction located in the Province of Alberta, and waive any objection that may exist, now or in the future, with respect to any of the foregoing.

B. Waivers and Invalidity of Provisions. No waiver by you or RSEG of any breach of or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.. The section headings used in these Terms of Use are for convenience only.

C. Entire Agreement. These Terms of Use, and all writings incorporated by reference into these Terms of Use, constitute the entire agreement between you and RSEG with respect to the subject matter hereof and supersede all previous written or oral agreements between you and RSEG with respect to such subject matter.

RS Energy Group Disclosure Statement (Blog Content)

All trademarks, service marks and logos used in this Website are proprietary to RSEG. Neither this Website nor any part hereof should be copied, distributed or reproduced, except as provided in the Terms of Use or as otherwise agreed by RSEG. The material contained herein has been compiled by RSEG and prepared from various public and industry sources that we believe to be reliable, but no representation or warranty, expressed or implied is made by RSEG or any other person as to the accuracy or completeness of the information. RSEG undertakes no duty to update this information, or to provide supplemental information to anyone viewing the material available on this Website. To the full extent provided by applicable law, neither RSEG nor any other person accepts any liability whatsoever for any direct, indirect or consequential loss arising from any use of the information contained herein. You assume all risks and liability with regard to any use or application of the material and data included herein.

Caution Regarding Forward-Looking Statements:

The Website and its contents may contain forward-looking statements. These statements are based on our current expectations about future events or future financial or operational performance. In this context, forward-looking statements often contain words such as "expect," "anticipate," "intend," "plan," "believe," "seek," "see," "will," "would," or "target” or other words that convey uncertainty of future events or outcomes. These statements involve known and unknown risks and uncertainties that may cause the events referenced within the Website not to occur or to differ significantly from what we expect. When evaluating the information included in the Website, you are cautioned not to place undue reliance on these forward-looking statements, which reflect our judgment only as of the date you access or review any materials or information containing such forward-looking statements on the Website. We undertake no obligation to publicly revise or update these forward-looking statements to reflect events and circumstances that arise after such date.

Note to UK Persons:

RSEG is not an authorised person as defined in the UK’s Financial Services and Markets Act 2000 (“FSMA”) and the Website and its contents have not been approved by such an authorised person. You will accordingly not be able to rely upon most of the rules made under FSMA for the protection of clients of financial services businesses, and you will not have the benefit of the UK’s Financial Services Compensation Scheme. This document is only directed at (a) persons who have professional experience in matters relating to investments (being 'investment professionals' within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "FPO")), and (b) High net worth companies, trusts etc. of a type described in Article 49(2) of the FPO (all such persons being "relevant persons"). RSEG’s services are available only to relevant persons and will be engaged in only with relevant persons. The information and contents on the Website must not be acted or relied upon by persons who are not relevant persons. Persons of a type described in Article 49(2) of the FPO comprise (a) any body corporate which has, or which is a member of the same group as an undertaking which has, a called up share capital or net assets of not less than (i) in the case of a body corporate which has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000 and (ii) in any other case, £5 million, (b) any unincorporated association or partnership which has net assets of not less than £5 million, (c) the trustee of a high value trust within the meaning of Article 49(6) of the FPO and (d) any person ('A') whilst acting in the capacity of director, officer or employee of a person ('B') falling within any of (a), (b) or (c) above where A's responsibilities, when acting in that capacity, involve him in B's engaging in investment activity.

© Copyright 2017 RS Energy Group Canada, Inc. (RSEG). All rights reserved.