Terms and Conditions of Use
By accessing and browsing this website, you agree to Part 1 of these Terms and Conditions of Use. By accessing and using any services offered through this website (“Customer Online Services”), you agree to Part 1 and Part 2 of these Terms and Conditions of Use. References in these Terms and Conditions of Use to this website include the web pages relating to the Customer Online Services. If any of these terms and conditions are not acceptable to you, please do not use this website or the Customer Online Services. Keyera may revise and update these Terms and Conditions of Use at any time without notice. If any part of these Terms and Conditions of Use is held to be invalid or unenforceable, the balance of these terms shall continue to have full force and effect.
PART 1
Disclaimer
Nature of Information Provided. Information contained on this website is for information purposes only as a service to Keyera's customers and the Internet community. All information on this website is provided on an "as-is" and "as-available" basis and may be changed without notice. Keyera does not warrant or make any representations or claims of any kind, either express or implied, as to the accuracy, validity, correctness, currency or otherwise of the information provided on this site, or at any links to external sites, and expressly disclaims any warranties of merchantability, non-infringement of intellectual property rights, third party rights, title, latent defects, uninterrupted service, fitness for any particular purpose or freedom from computer viruses.
Non-Solicitation. Information contained on this website does not constitute a solicitation or an offering of securities in any jurisdiction. Continuous disclosure documents, such as the annual and quarterly reports, constitute disclosure required under the corporate and securities laws applicable to Keyera. The information on this website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation, and Keyera makes no commitment and disclaims any duty to update the information and materials on or linked to this website, except as required by law. The information on this website should not be used for the purpose of making investment decisions concerning Keyera securities.
Viruses and Software. The Internet is not a secure medium and is subject to corruption, interception, loss and alteration of information. Internet software or transmission problems could produce inaccurate or incomplete copies of material contained on this website when displayed or downloaded onto your computer, and computer viruses or other destructive programs could be inadvertently downloaded from this website.
Links to Third Party Sites. This website contains links to third party sites. These links have been provided solely as a convenience for users of this website and do not constitute an endorsement by Keyera of the content of such third party sites. Keyera does not control the linked websites and does not monitor or investigate them, or verify or endorse the accuracy, reliability, integrity, quality or completeness of any data, information or other material on these websites, nor does Keyera make any representations regarding the privacy practices, content or accuracy of materials on such third party sites. Keyera accepts no responsibility for such linked websites or the content thereof. Any use of websites linked to or from this website is at your sole risk.
Limited License
Keyera grants to you a limited, personal, non-transferable license to use and copy materials published by Keyera on the website solely: 1) for non-commercial use within your organization; and 2) with respect to the Customer Online Services, as permitted in Part 2 of these Terms and Conditions of Use. Such license is revocable by Keyera at any time and at Keyera’s sole option. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of web site materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Keyera as the provider of such content and the owner of such copyright or trademark.
You will use the website, the Customer Online Services, and any other content or information found on the website solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the website. You will also be liable for any loss or damage resulting, directly or indirectly, from you making any material or information available through the website.
Keyera may terminate your use of the website and the Customer Online Services if you have used the website or the Customer Online Services in any way that is contrary to law, these Terms and Conditions of Use, or in any way that disrupts the website or the Customer Online Services.
Limitation of Liability
Keyera and its affiliates and subsidiaries and the directors, officers, employees and agents of each of them expressly disclaim any liability for any claim, losses or damage, whether direct, special, indirect or consequential, arising out of the interpretation, reliance upon or other use, authorized or unauthorized, of such information, including, without limitation, damages for lost revenue, lost or damaged data, costs or other commercial or economic loss, whether based in contract, tort or any other theory of liability, arising out of:
Intellectual Property
All material, information, trademarks, logos, icons, designs, names, and trade names on this website are owned by or licensed to Keyera and are protected under copyright, trademark or other intellectual property laws of Canada and other jurisdictions. The material on this website may not be reproduced, published, transmitted or distributed without written permission from Keyera. You may, however, make a single copy of materials published on this website for your personal, non-commercial use provided that the material is not modified and that copyright, trademark, and other proprietary notices are not deleted. Nothing on this website shall be construed as granting a license of any kind to use those trademarks, trade names, logos, or other intellectual property. Any unauthorized use, publication, retransmission, copying or other exploitation of this website or information on this website may violate applicable law and may result in legal action.
If you submit feedback, questions, comments or suggestions, or other information (other than personal information covered by applicable privacy laws) to Keyera through this website, it shall be deemed to be non-confidential and Keyera shall be free to:
Forward-Looking Statements
Certain statements contained on this website and in the documents incorporated herein contain forward-looking statements. These statements relate to future events or Keyera's future performance. The use of words such as "anticipate," "continue", "estimate", "expect", "may", "will", project", "should," "plan," "intend," "believe," and similar expressions, including the negatives thereof, is intended to identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding the future financial position, business strategy, anticipated growth, proposed activities, budgets, litigation, references to future capital or other expenditures, projected costs and plans, estimated processing levels, environmental matters, and objectives of or involving Keyera. Such statements are predictions only and actual events or results may differ materially. You are cautioned that you should not unduly rely on the forward-looking statements and that the forward-looking statements contained herein speak only as of the date they are made.
Forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause actual results, events, levels of activity, and achievements to differ materially from those anticipated in the forward-looking statements. Such factors include, but are not limited to:
Readers are cautioned that the foregoing list of important factors affecting forward-looking statements is not exhaustive. The forward-looking statements reflect management's current beliefs and assumptions with respect to such things as the outlook for general economic trends, industry trends, commodity prices, capital markets, and the governmental, regulatory and legal environment. Management believes that its assumptions and analysis are reasonable and that the expectations reflected in the forward-looking statements contained herein are also reasonable. However, Keyera cannot assure readers that these expectations will prove to be correct.
All forward-looking statements contained on this website are expressly qualified by this cautionary statement. Further information about the factors affecting forward-looking statements and management's assumptions and analysis thereof, is available in filings made by Keyera with Canadian provincial securities commissions available on http://www.sedar.com/.
Jurisdiction
Keyera and this website (excluding linked third-party websites or content) are based in Alberta, Canada. The use of this website is governed by the federal and provincial laws in force in Alberta. Any dispute arising out of the use of this website or these Terms and Conditions of Use shall be governed by the laws of the province of Alberta and the federal laws of Canada applicable therein without reference to the principles of conflicts of law. The courts of Alberta and the federal courts of Canada shall have exclusive jurisdiction in any dispute. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
PART 2
The information on the portions of this website relating to the Customer Online Services (the “COS Webpages”) is being provided to you in addition to, or possibly in lieu of, delivery of the documentation and information Keyera previously provided to you by email or other medium. By enrolling for access to the COS Webpages you are: 1) agreeing to waive delivery of the information contained herein via any other medium, and 2) releasing Keyera from any obligation to deliver such information via any other medium
You acknowledge that your use of the COS Webpages may require a user ID and password. You must keep your user ID and password confidential. You will be responsible for any access of the COS Webpages and the use of any Customer Online Services through use of your user ID and password, whether or not authorized by you.
If you enroll in Customer Online Services, it is your responsibility to ensure that the information on your COS Webpages, including your permitted users and their contact information, is correct and up to date. Failure to access your invoice from the COS Webpages, including as a result of failing to receive any notice of such invoice, does not in any way affect your obligation to pay your invoice on time.