TERMS OF USE AND LEGAL RESTRICTIONS

TERMS AND LEGAL RESTRICTIONS

By accessing this ICE District JV Inc. (“ICE District JV”) icedistrictproperties.com website (including all Content available on or through the ead.ca domain name, the “Site”) you agree to be bound by these Terms and Legal Restrictions (“Terms”). If you do not agree to these Terms please do not access the Site. The content on this Site may consist of text, files, images, designs, graphics, photos, video, sounds, musical works, page layouts, works of authorship, or any other materials created by or for, or otherwise owned by ICE District JV and its licensors (the “Content”).

We may revise and update these Terms at any time and without notice. Your continued access to and use of the Site after we amend the Terms will mean that you agree with the Terms as amended. We recommend that you periodically check this Site for amendments to the Terms. The Content at this Site may be out of date, and ICE District JV makes no commitment to update the Content.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.

USE OF CONTENT

ICE District JV authorizes you to view the Content at this Site only for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices contained in the original Content in any copies of the Content. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose. All product names, regardless of whether or not they appear in large print or with a trade-mark symbol, are trade-marks of ICE District JV, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. The Content is copyrighted and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as provided in these Terms without the express prior written permission of ICE District JV. The use or misuse of these trade-marks, copyrights, or other materials, except as permitted by these Terms, is expressly prohibited and may be in violation of copyright law, trade-mark law, and other laws, statutes and/or regulations. For purposes of these Terms, any use of this Content on any other web site or networked computer environment for any purpose is prohibited.

If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.

CHANGES TO CONTENT

The Site and the Content are subject to change. The Site has been designed to provide general information about ICE District JV and its products and services. ICE District JV may make changes to the Site, the Content, or the products and services described in them, at any time without notice. ICE District JV assumes no obligation to update Content contained in this Site.

EXTERNAL LINKS

Any linked websites or resources are not under the control of ICE District JV and ICE District JV is not responsible for the contents of any linked website or resource, or any link contained in any linked site or resource. ICE District JV is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the website or resources by ICE District JV.

DISCLAIMER

ICE DISTRICT JV DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION AS TO MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FOR ANY PURPOSE. ICE DISTRICT JV DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

ICE DISTRICT JV SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE SITE OR THE CONTENT, AND ALL USERS OF THE SITE AGREE THAT ALL ACCESS TO AND USE OF THE SITE, AND ANY AND ALL CONTENT, IS AT THE USER’S OWN RISK.

EXCLUSION OF LIABILITY

IN NO EVENT SHALL ICE DISTRICT JV OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, ICE DISTRICT JV’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software, or transmission, problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site.

We shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any of the Content. We recommend that you install appropriate anti-virus or other protective software.

JURISDICTION

The Site originates in Canada. Any claim or dispute arising from, or in relation to the Terms, shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.

GENERAL

ICE District JV failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.