Terms of Use

Edited: 2022-06-10

Welcome to the Evolution Potash website, which is being provided by Evolution Potash Corporation ("Evolution Potash", "we", "us", "our") at the web-address www.evolutionpotash.com (the "Site").


By using this Site, you are agreeing to these terms. Please read them carefully. We are only providing you with access to this site on the basis that you have agreed to the terms of this user agreement (this "Agreement"). If you do not agree to the terms of this Agreement, then you are not allowed to access this Site.


Our Site, its functionality, and the services that we provide through the Site are constantly evolving. Sometimes these changes will necessitate an update to the terms of this Agreement. If we feel that the changes are material, or would impact your rights under the Agreement, we will notify you of the revisions. If the changes are not material or do not impact your rights, we may not notify you. If you continue to use the Site after we have made changes to this Agreement, then you are agreeing to the updated terms contained in the updated version of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.


WHO ARE YOU?
If you are acting as a sole proprietorship or individual in accessing this Site, then the terms and conditions apply to you individually. If you are acting in a representative capacity for a partnership, corporation, trust, or other non-human entity (a "Business Entity"), then this Agreement applies to you as an individual, and the Business Entity for whom you are accessing the website.


Throughout the agreement we will be using the words "you" and "your" and other like and similar phrases. Provided that you are acting as a sole proprietorship or individual, then these words will only refer to you. However, if you are accessing this website in your role as an employee, agent, partner, owner, or any other type of arrangement where your use of this website is linked to a Business Entity, then these references will also refer to that other Business Entity.


CAUTION RESPECTING RELIANCE ON FORWARD LOOKING INFORMATION
The Site may contain certain forward-looking statements relating but not limited to our expectations, intentions, plans and beliefs. Forward-looking information can often be identified by forward looking words such as “anticipate”, “believe”, “expect”, “goal”, “plan”, “intent”, “estimate”, “may” and “will” or similar words suggesting future outcomes or other expectations, beliefs, plans, objectives, assumptions, intentions or statements about future events or performance. Forward-looking information may include reserve and resource estimates, estimates of future production, costs of capital projects and timing of commencement of operations, and is based on current expectations that involve a number of business risks and uncertainties. Although our management believes the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results may differ materially from those in the forward-looking statements. Factors that could cause actual results to differ materially from any forward-looking statement include, but are not limited to, failure to establish estimated resources and reserves, the grade and recovery of mined coal varying from estimates, capital and operating costs varying significantly from estimates, delays in obtaining or failures to obtain required governmental, environmental or other project approvals, inflation, changes in exchange rates, fluctuations in commodity prices, delays in the development of projects and other factors. 

You should be aware that these statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those suggested by the forward-looking statements. Potential investors who access the Site are cautioned not to place undue reliance on forward-looking information. By its very nature, forward-looking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, that contribute to the possibility that the predictions, forecasts, projections and various future events will not occur. We undertake no obligation to update publicly or otherwise revise any forward-looking information whether as a result of new information, future events or other such factors which affect this information, except as required by applicable securities laws.


PRIVACY POLICY

The terms of the Evolution Potash Privacy Policy [evolutionpotash.com/privacy-policy] are incorporated into this Agreement. By consenting to the terms and conditions of this Agreement, you are consenting to the use, processing, and disclosure of your personal information, as set out in the Privacy Policy.


YOUR INTELLECTUAL PROPERTY 
Some functions of the Site may allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. What belongs to you stays yours.


When you upload, submit, store, send, or receive content through the Site, you are giving us (and those people that we work with) a worldwide license for any purpose whatsoever (including commercial purposes) to use, host, store, reproduce, modify, and create derivative works from your content. The license granted in this paragraph is perpetual in nature and irrevocable.


Some of the functionality of our Site may permit you to remove your content. If you do this, we cannot guarantee that we will retain any of this information. If you are concerned about how we keep and store your content, please review our Privacy Policy.


COPYRIGHT NOTICE AND LIMITED LICENCE

The copyright in the Site is owned by us, by our affiliates, or by persons who have licensed their materials to us.


You may download, store, print, and copy selected portions of the content of the Site, provided you: (a) only use the content you download for your personal, non-commercial use; (b) you do not publish or broadcast any part of the Site on the internet, in any public forum, through any media accessible to the public, for profit, or in any way other than for personal use; (c) you do not modify or alter the content in any way or delete or modify any copyright or trademark notices or notices of confidentiality, and (d) you do not attempt to decompile, reverse-engineer, disassemble, modify, create derivative works, or incorporate any part of the Site without our express written consent.


Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the content of this site without first obtaining written permission from us.


Nothing contained in these terms and conditions or on this website shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any other right under any copyright, trademark, patent, or other intellectual property right of ours or any third party, unless explicitly stated in this Agreement.

THIRD PARTY INFORMATION
Content on the Site may be provided by third-parties. Wherever commercially reasonable, we have identified the source of that third party information. We do not represent that any information contained within the Site is current, accurate, complete, or reliable. We accept no responsibility for any use of third party information.

THINGS YOU CANNOT DO
You aren’t allowed to hack, decompile, change, reconstruct, or change our Site or any of our service offerings. This includes all of the websites that we manage, and any software that we develop. By using the Site, you are agreeing to leave all of our stuff alone, and only use it in the way that we intended you to use it. You are also not allowed to create any software or product that interacts with our Site, or does basically the same thing our Site does. We also don’t want you using any of our trademarks, logos, or the things that we create in a way that someone else might think that you are us.


Finally, while you can use our Site, and the services that are offered on the Site, for your own personal commercial purposes (since that’s what they’re designed for), you can’t sell access to our Site, or otherwise profit independently from the services that are offered on the Site.


ILLEGAL USE
It is understood that you will not use the Site in any way that is either against the law or the terms of use in this Agreement. You may not damage or disable the site or interfere with other people's use of the Site. You may not attempt to gain unauthorized access to any of our computer system, including any server used to host the Site. This includes hacking, password mining or any other means. You may not obtain, or try to obtain, any materials or information that is not intentionally made available on the Site.

MODIFYING OR TERMINATING SERVICES
We are always looking for ways to offer our customers better services to give you a better experience. We may add or remove certain functionalities related to or part of this Site. We may suspend or take down this site all together.

You can stop using our this Site at any time. We also may stop you from using this Site in our sole and unfettered discretion, acting in any manner that we chose.

OUR WARRANTIES AND DISCLAIMERS

We provide access to the Site and the services within it using a commercially reasonable level of skill and care. It is our hope that this Site will make your operations better. But, there are certain things that we do not promise about our Site.

OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER EVOLUTION POTASH CORPORATION NOR ITS PARTNERS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT SITE OR THE CONTENT CONTAINED THEREIN. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS”.


SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.


WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AND/OR DATA AVAILABLE OR ACCESSIBLE THROUGH USE OF THE SITE NOR THAT THE SITE MAY BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE. WE DO NOT WARRANT THAT WE WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE SITE. WE DO NOT GUARANTEE THAT THE SITE AND ACCESS TO YOUR ACCOUNT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS OR DELAY. SINCE THE SITE MAY OR WILL BE FACILITATED AND/OR TRANSMITTED THROUGH PUBLIC INTERNET LINES, COMMUNICATIONS NETWORKS AND PUBLIC AND/OR PRIVATE SWITCHED TELEPHONY NETWORK(S) (AS THE CASE MAY BE), YOU UNDERSTAND THAT THERE MAY BE SERVICE DISRUPTIONS OR OUTAGES.


WE ARE NOT RESPONSIBLE FOR ANY LOSS OF BUSINESS, USE OR DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER KIND OF INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.  THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST USER OR EVOLUTION POTASH.

IF, FOR SOME REASON, YOU DO HAVE A CLAIM AGAINST US, OUR LIABILITY IS LIMITED TO $100, REGARDLESS OF WHY OR HOW THE CLAIM AROSE, INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE.


APPLICABLE LAW
You agree that these terms and any contract that we enter into shall be governed by the laws of Saskatchewan and those applicable laws of the Dominion of Canada. This extends to the location at which any agreement between us and you is formed. Since we are operating in Saskatchewan, you agree you entered into all of the agreements that you have with us within Saskatchewan, regardless of where you are actually residing within the Universe.


ADDITIONAL TERMS

From time to time the law might require us to do certain things. If that is required of us, we are going to comply with those requirements. If the laws change requiring an update to the Site, then we are going to make those changes.

To the extent possible, we will protect your private information and content. However, if required by law, we will do what is required of us.

If you do something that you shouldn’t and we choose not to do anything to stop you, that doesn’t mean that we are waiving any right to take action in the future. We just aren’t doing anything about it right now.

ACKNOWLEDGEMENT
 

By accessing the Site you acknowledge that you have read this agreement, understand it, and have the opportunity to speak with a lawyer that does not represent us prior to agreeing to it. In consideration of us providing the Services to you, you agree to these Terms of Service. If you do not agree, close your web browser and you will not be able to access the Site.