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Legal Information
This website (the “Site”) is owned and operated by Cline Mining Corporation
(“Cline”). Your use of this Site constitutes your acceptance of the terms and
conditions of use (the “Terms”) as set forth herein. If you have not already
done so, please take some time to familiarize yourself with the Terms. If you do
not agree to the Terms, you cannot use or access the Site. Cline may change,
modify and/or update the Terms from time to time and it is your responsibility
to check for such changes, modification and/or updates. Continued use of the
Site following any such change, modification and/or updates shall constitute
your acceptance of the Terms at that time. The last revision date for the Terms
is set forth below.
Last revised: October 12, 2011
Disclaimer
THE INFORMATION CONTAINED ON THIS SITE INCLUDING, BUT NOT LIMITED TO, ANALYSTS’
REPORTS AND OTHER OPINIONS AND VIEWS, IS PROVIDED FOR EDUCATIONAL OR
INFORMATIONAL PURPOSES ONLY ON AN "AS IS, WHERE IS" BASIS. IT IS NOT INTENDED TO
PROVIDE LEGAL, ACCOUNTING, TAX OR INVESTING ADVICE AND SHOULD NOT BE RELIED UPON
IN THAT RESPECT. YOU SHOULD CONSIDER SEEKING THE ADVICE OF A PROFESSIONAL PRIOR
TO ACTING OR RELYING ON THE INFORMATION. CLINE DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND
NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR THE INFORMATION CONTAINED HEREIN.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE USE,
VALIDITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION CONTAINED ON
THIS SITE. THE INFORMATION ON THIS SITE MAY NOT ALWAYS BE THE MOST CURRENT
SOURCE FOR INFORMATION. CLINE DOES NOT WARRANT THAT THE SITE AND/OR THE
INFORMATION WILL BE FREE FROM ERRORS, DEFECTS, PROGRAM LIMITATIONS, VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE SITE AND THE INFORMATION WILL BE ACCESSIBLE
AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THE USE OF THE SITE IS
AT YOUR OWN RISK.
Links to other sites and Materials
This Site may contain links to other websites for the convenience of the users
of this Site and the inclusion of any link does not imply endorsement,
sponsorship, affiliation, association, investigation or verification by Cline of
such linked site. The sites linked to this Site are not under the control of
Cline and Cline is not responsible for and makes no representations, warranties
or conditions concerning the contents of any linked site or any link contained
in a linked site. It is your responsibility to verify any information contained
within such linked sites before relying on it. Also, the information contained
in the linked sites may be changed, modified and/or updated at any time without
notice. Cline does not authorize the use of third party sites’ intellectual
property nor is any third party site authorized to use Cline’s intellectual
property. Your use of the linked sites may be subject to terms and conditions
contained therein, which you should locate and carefully review. If you decide
to access any of the third party websites linked to this Site, you do so at your
own risk.
Site is Provided as a Service Only
This Site is not intended as a solicitation or offering of securities in any
jurisdiction and the information contained herein should not be construed or
interpreted as such. No securities commission or other regulatory authority in
Canada or any other country or jurisdiction has in any way passed upon this
information and no representation or warranty is made by Cline to that effect.
The information on this Site is not intended to modify, qualify, supplement or
amend information disclosed under corporate and securities legislation of any
jurisdiction applicable to Cline and should not be used for the purpose of
making investment decisions concerning Cline’s securities.
Website Protected by Copyright
All materials (graphics, icons, HTML, javascripts, color schemes, multimedia,
logos, photographs, copywriting, et al) that appear on this Site are the
property of Cline and copyrighted by same.
Other materials on this Site not originally produced by Cline (some audio,
video, trademarks, etc.) are copyrighted by their respective creators/owners and
appear here either by permission, example or as public domain reference
material.
You may not modify or reproduce in any form, electronic or otherwise, any
information on this Site unless you have obtained our express permission.
Currency of Website
Cline updates the information on this Site regularly. However, such information
is not intended to be a comprehensive review of all matters and developments
concerning Cline and Cline cannot guarantee the accuracy, currency or
completeness of the information at all times and assumes no responsibility in
this regard. Unless otherwise indicated, all information posted on this Site is
current only as of the date of the document that contains the information, if
indicated, or the date on which the document is posted, whichever is earlier.
Cline may at any time make changes to the information on this Site without prior
notice. You should always ensure that you are referring to the most current
information available on this Site.
Cautionary Note Regarding Forward-Looking Statements
This Site contains “forward-looking statements”, within the meaning of the
applicable Canadian securities legislation and within the meaning of the US
Private Securities Litigation Reform Act of 1995, concerning the business,
operations, financial performance and condition of Cline. Statements
related to “reserves” and “resources” are deemed forward-looking statements as
they involve the implied assessment, based on realistically assumed and
justifiable technical and economic conditions, that an inventory of
mineralization will become economically extractable. Forward-looking
statements also include, but are not limited to, statements with respect to the
estimation of mineral resources and reserves, the realization of mineral reserve
estimates, the timing and amount of estimated production, costs of production,
capital expenditures, costs and timing of the development of new deposits,
success of exploration activities, permitting timelines, hedging practices,
government regulation of mining operations, environmental risks, unanticipated
reclamation expenses, timing and possible outcome of pending litigation, title
disputes or claims and limitations on insurance coverage. Generally, these
forward-looking statements can be identified by the use of forward-looking
terminology such as “plans”, “expects” or “does not expect”, “is expected”,
“budget”, “scheduled”, “estimates”, “forecasts”, “intends”, “anticipates” or
“does not anticipate”, “believes” or variations of such words and phrases or
statements that certain actions, events or results “may”, “could”, “would”,
“might” or “will be taken”, “occur” or “be achieved”. Cline has relied on
a number of assumptions and estimates in making such forward-looking statements,
including, without limitation, the future price of coal, gold and other minerals
and metals, there being no significant disruptions on Cline’s operations,
mineral recovery rates, ongoing capital, operating and exploration expenditures,
and costs and timing of future exploration. Such assumptions and estimates are
made in light of the trends and conditions that are considered to be relevant
and reasonable based on the information available and the circumstances existing
at the time the statements were made. Forward-looking statements are not
guarantees of future performance and such information is inherently subject to
known and unknown risks, uncertainties and other factors that are difficult to
predict and may be beyond the control of Cline. A number of risks and
factors may cause actual results, level of activity, performance or achievements
of Cline to be materially different from those expressed or implied by such
forward-looking statements and there can be no assurance that such statements
will prove to be accurate. Such risks and factors include, without limitation,
risks related to the integration of acquisitions, risks related to international
operations, risks related to joint venture operations, actual results of current
exploration activities, actual results of current reclamation activities,
requirements for additional capital, conclusions of economic evaluations,
changes in project parameters as plans continue to be refined, currency exchange
rate fluctuations, possible variations in ore reserves, grade or recovery rates,
failure of plant, equipment or processes to operate as anticipated, accidents
and labour disputes, delays in obtaining governmental approvals or financing or
in the completion of development or construction activities, other risks of the
mining industry, and those other risks set forth in Cline’s current Annual
Information Form under the heading “Risk Factors” and in its other public
filings. Although Cline has attempted to identify important factors that
could cause actual actions, events or results to differ materially from those
contained in forward-looking statements, there may be other factors and risks
that cause actions, events or results not to be as anticipated, estimated or
intended. Consequently, readers should not place undue reliance on such
forward-looking statements. In addition, all such forward-looking
statements relate to the date on which they were made.
Cline does not undertake (and disclaims any intention or obligation) to update
or revise any forward-looking statements whether as a result of new information,
future events or otherwise, save and except as may be required by applicable
securities laws. The forward-looking statements contained on this Site are
expressly qualified by this disclaimer.
Cautionary Note to United States Investors Concerning Estimates of Measured,
Indicated and Inferred Resources
This Site uses the terms “Measured”, “Indicated” and “Inferred Mineral
Resources” in accordance with the Canadian Institute of Mining, Metallurgy and
Petroleum (CIM) Definition Standards. While such terms are recognized
under Canadian securities legislation, the United States Securities and Exchange
Commission does not recognize these terms. The term “Inferred Mineral
Resource” refers to a mineral resource for which quantity and grade or quality
can be estimated on the basis of geological evidence and limited sampling and
reasonably assumed, but not verified, geological and grade continuity.
These estimates are based on limited information and it cannot be assumed that
all or any part of an “Inferred Mineral Resource” will be upgraded to a higher
classification resource, such as “Indicated” or “Measured”, as a result of
continued exploration. Accordingly, an estimate relating to an “Inferred
Mineral Resource” is insufficient to allow meaningful application of technical
and economic parameters or to enable an evaluation of economic viability.
Under Canadian securities legislation, estimates of an “Inferred Mineral
Resource” may not form the basis of feasibility or other economic studies.
As a result, United States investors are cautioned not to assume that all or any
part of an “Inferred Mineral Resource” exists, or is economically or legally
mineable. Investors are also cautioned not to assume that all or any part
of “Measured” or “Indicated Mineral Resources” will ever be converted into
“Mineral Reserves” (being the economically mineable part of an “Indicated” or
“Measured” Mineral Resource).
Disclosure of Mineral Reserves and Mineral Resources
Readers are advised that National Instrument 43-101 of the Canadian Securities
Administrators requires that each category of mineral resources and mineral
reserves be reported separately. Readers should refer to the Annual Information
Form of Cline for the current financial year and other continuous disclosure
documents filed by Cline since January 1, 2007. Such information is available on
Cline’s corporate profile page on SEDAR which can be accessed at www.sedar.com
and is subject to the qualifications and notes set forth therein.
Exclusion of Liability
Cline disclaims any liability for any use or reproduction of the Site and/or the
information contained therein. For greater certainty, Cline, its subsidiaries,
affiliates, officers, directors, employees, and agents thereof (whether past or
present) shall not be liable for, without limiting the foregoing, any claims,
expenses, damages (including direct, indirect, special, incidental, punitive or
consequential damages including loss of profits, business interruption, loss of
business information or any other pecuniary loss) arising from or related to:
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the use of or reliance on information contained in this Site;
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any inaccuracy or omission in such information or failure to keep the
information current;
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use of any third party websites linked to this Site;
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any Internet software used in connection with this Site or computer viruses or
other destructive programs encountered as a result of using this Site; and
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any other matter connected
with this Site; even if Cline is made aware of the possibility of such claims,
expenses, damages or losses.
Compliance with Laws
You shall not use, access or link to the Site and/or the information contained
on the Site in any manner that will violate any applicable local, provincial,
national, international or foreign law, including, but not limited to any
regulations having the force of law. Some jurisdictions may have restrictions on
the use of the Internet by their residents. You agree not to impersonate another
person in your use of the Site or the sending of any e-mail to an address listed
on the Site. You may not use the Site in any manner which could damage, disable,
overburden or impair the Site, interfere with any other party’s use and
enjoyment of the Site or compromise the integrity of, or otherwise modify, the
information contained on the Site. You may not use any materials in violation of
any applicable export or other laws and regulations. In the event that any such
materials are used in a manner that violates any applicable laws and/or
regulations, you agree to indemnify Cline in the event that Cline is found
liable for such violation for any reason whatsoever.
Indemnity
You agree to defend, indemnify and hold Cline, its subsidiaries, affiliates,
officers, directors, employees, and agents thereof (whether past or present)
harmless from and against any and all liabilities, costs and expenses including
reasonable legal fees related to any violation of the Terms by you or in
connection with your use of the Site and/or the information contained on the
Site.
Severability and Waiver
If any provision of the Terms is invalid or unenforceable under applicable law,
then it shall be, to the extent invalid or unenforceable, deemed omitted and the
remaining provisions will continue in full force and effect. No waiver shall be
deemed a continuing waiver or a waiver of any other term.
Privacy Statement
To access certain sections of the Site, Cline may ask you to provide personal
information, such as your e-mail address, name or telephone number. In addition,
Cline may collect information about your interaction with the Site. For example,
Cline may collect certain standard information that your browser sends to the
Site, such as your IP address, browser type and language, access times and
referring website addresses. Cline collects and uses such information to operate
and improve the Site. Cline may hire other companies to provide limited services
on its behalf, such as hosting websites. Such service providers will be
permitted to obtain only the personal information they need to deliver the
service. They are required to maintain the confidentiality of any personal
information and are prohibited from using it for any other purpose. Except as
described in this statement, Cline will not disclose your personal information
outside of Cline and its controlled subsidiaries and affiliates without your
consent.
Choice of Law and Jurisdiction
The laws of the Province of Ontario and the laws of Canada applicable therein
will govern as to the interpretation, validity and effect of these provisions,
notwithstanding any conflict of laws provisions of your domicile, residence or
physical location. You hereby consent to the sole and exclusive jurisdiction and
venue of the courts of the Province of Ontario in the city of Toronto for any
legal proceeding arising out of or in relation to your use of the Site, the
information contained herein, and/or the Terms.
English Language
The parties hereto have requested that the Terms and all correspondence and all
documentation respecting the Terms, be written in the English language.
Les parties aux présentes ont exigé que la présente entente, de même que toute
la correspondance et la documentation relatives à cette entente, soient rédigées
en langue anglaise. |
