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SHERRITT INTERNATIONAL CORPORATION
Terms of Use, Disclaimers and Legal Notices
Posted: August 24, 2001 and amended November 13, 2013

Terms of Use

Use of this web site is subject to adherence to the following terms and conditions, which you acknowledge as constituting a binding agreement (the "Agreement") between you and Sherritt International Corporation ("Sherritt") made in consideration of this site being made available to you by Sherritt. For purposes of this Agreement, Sherritt includes its subsidiaries, affiliates, partnerships, associations and joint ventures (as these terms are defined under the laws of the Province of Ontario), as well as their respective directors, officers, employees, representatives and agents. Your use of this web site indicates your acceptance of these terms and conditions. Sherritt may, at any time without notice, revise any and all of these terms and conditions. Changes shall be effective upon posting. Your continued use of this web site after any changes to this Agreement are posted, will be considered acceptance of those changes.

Sherritt may terminate, change, suspend or discontinue any aspect of the Sherritt web site, including the availability of any feature of the web site, at any time. Sherritt may also impose limits on certain features and services or restrict your access to parts or all of the web site without notice or liability. Sherritt may terminate the authorization, rights and licence given above and, upon such termination, you shall immediately destroy all materials.

Use of Secure Areas

Use of the secure areas of this web site may be subject to one or more additional agreements or further terms and conditions. To the extent of any conflict between this Agreement and any additional agreement(s) and terms and conditions governing the use of any secure area, the agreement(s) and terms and conditions governing the use of the secure area shall prevail.

Ownership

Copyright and Contents of Site
Copyright © 2001. Sherritt International Corporation. All rights reserved.

The contents of this web site are generally owned by Sherritt or are made available to you by Sherritt under licence from the owner. Sherritt permits you to have access to the contents of this web site but you acknowledge that your use of that content is governed by applicable copyright, trade mark or other intellectual property law and agree that the contents of this web site may not be copied for commercial use or distribution, modified or re-posted to other web sites.

Copyright and Trade Marks

The trade mark "Sherritt" and other forms thereof are the property of Sherritt.

The material provided on this web site is protected by Canadian and worldwide copyright laws and treaties. Except as specifically stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without prior written permission. You also may not, without Sherritt's permission, "mirror" any material contained on the web site on any other server. Permission is granted for you to make a single copy of documents published by Sherritt on the web site solely for information and non-commercial use within your organization or personally; provided that you keep intact all copyright and other proprietary notices. No other use of the information provided on the web site is authorized.

Financial and Shareholders

This web site is not intended to offer securities for sale or to solicit investment funds in any jurisdiction. The documents and information available on this web site are not intended to provide you with any financial, accounting, tax or legal advice, nor are they the official versions of documents required to be disclosed by Sherritt in compliance with applicable securities laws. You should always refer to the official version of these documents. There is no guarantee that the documents and information contained on this web site are the most current source for information on Sherritt.

Forward-looking Statements

This web site may contain forward-looking information (including forward-looking information within the meaning of the United States Private Securities Litigation Reform Act of 1995), with respect to Sherritt's operations and future financial results. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Sherritt and/or the commercial sectors in which it operates to be materially different from future results, performance or achievements expressed or implied by these forward-looking statements. These risks, uncertainties and other factors include, but are not limited to, changes in the world price of the commodities which Sherritt produces, foreign exchange exposure and sovereign risks, (particularly the United States embargo against Cuba, adverse developments in United States law, and underlying political tensions between the United States and Cuba), as well as the risks inherent in Sherritt's various businesses. The risk factors are set out in detail in "Management's Discussion and Analysis of Financial and Operating Results" contained in Sherritt's most recent annual report or financial statements, filed with Canadian provincial regulatory authorities.

Disclaimer

THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS. USAGE OF THE WEB SITE IS AT YOUR OWN RISK. SHERRITT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEB SITE OR ANY OF ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE OPERATION, AVAILABILITY OR STABILITY OF THIS WEB SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF ITS CONTENTS OR THE MERCHANTABILITY OR FITNESS OF ANY SUCH INFORMATION OR CONTENT FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING THE TRANSMISSION OF ANY SUCH CONTENT FROM THE WEB SITE TO YOU. ANY IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE, ON ANY SUCH MATTERS ARE HEREBY EXPRESSLY EXCLUDED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

IN ACCESSING THIS OR ANY OTHER WEB SITE IT IS YOUR RESPONSIBILITY TO ENSURE YOU TAKE THE NECESSARY PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

IN NO EVENT SHALL SHERRITT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER GENERAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL) ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OR UNAVAILABILITY OF THIS WEB SITE, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

Sherritt may provide hyperlinks or pointers to other web sites maintained by third parties. The links to any such third-party web sites are provided for your convenience and information only. The content in any linked web site is not under Sherritt's control and if you decide to access any such web site, you do so entirely at your own risk. The fact that a link is provided to a third-party web site does not mean that Sherritt endorses, authorizes or sponsors any such web site or that Sherritt is affiliated with such third party. Under no circumstances, shall Sherritt be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages, loss of profits or revenues or costs of replacement goods resulting from use of or reliance on the information presented in or through this web site, even if informed in advance of the possibility of such damages.

The web site contains references (obtained from an unrelated third party) to the quoted price for Sherritt's securities, which are listed for trading on The Toronto Stock Exchange. Sherritt does not warrant either the timeliness or accuracy of such quotations and shall bear no responsibility whatsoever in the event a user relies on same and sustains damages.

Indemnity

To the full extent permitted by applicable law, you agree to indemnify Sherritt against any and all liability resulting from any violation of any law arising from your use of this web site.

General Legal Matters

Governing Law and Jurisdiction

This web site was created and is maintained by Sherritt from its offices in Toronto, Ontario, Canada. Third parties may be engaged by Sherritt to provide various services with respect to the web site. The laws of the Province of Ontario and any applicable federal laws of Canada govern this Agreement, without giving effect to any principles of conflict of laws. Any dispute arising directly or indirectly under this Agreement, or from the use of this web site or the content thereof, is to be determined in accordance with the laws of the Province of Ontario and any applicable federal laws of Canada, adjudicated upon by a court of law in that Province, and you attorn to the exclusive jurisdiction of the Ontario courts.

Sherritt does not make any representation that the information contained in this web site or that access to this web site is appropriate or available for use throughout the world. You are responsible for compliance with all local laws, which apply at your point of web access, including, but not limited to, export and import laws and regulations.

Software

Software may be made available for downloading from this web site. You agree that any software which you download is governed by the licensing terms accompanying the software or, if no licence terms accompany the software, the licensing terms contained in your agreement with Sherritt authorizing you to access and download such software. All Sherritt software and software documentation which may be available from this web site is commercial computer software and commercial computer software documentation.

Links to downloadable software sites are for convenience only, and Sherritt is not liable for any difficulties or consequences associated with downloading such software. Sherritt does not review, endorse, approve or control, and is not responsible for, any sites linked from or to the web site, the content of those sites, the third parties named therein, or their products or services. Linking to any other site is at your sole risk.

Privacy

The following sets out Sherritt's privacy policy with respect to use of the web site. This privacy policy governs Sherritt's data collection, use, storage and disclosure of personal information on this web site. By using or accessing this web site, you agree to the collection, use, storage and disclosure of your personal information in accordance with the terms and conditions of use for the web site and this privacy policy. If you do not agree with the terms and conditions for use of Sherritt's web site or this privacy policy, please discontinue your use of the web site.

Information Collection

Sherritt is the sole owner of the information collected on the web site. Sherritt collects information from users of the web site in several ways:

  • Users seeking employment by posting a resume on the web site are required to enter information including name, address, email address and other information necessary for an employer to contact the individual for any job opportunities. Sherritt does not sell or otherwise make available for use any of this contact information except for the purpose mentioned above. Other users seeking employment are prohibited from viewing your contact information. Only authorized Sherritt administrators are able to view the contact information provided by users seeking employment. Information collected is stored on a secure database which is accessible only by Sherritt administrators.
  • While the web site's servers do not collect specific e-mail addresses, domain names are collected and aggregated for the purpose of measuring certain types of usage data, such as the number of visits and access time. This information is used to measure the use of the web site and to improve its content. In the event a survey is conducted, Sherritt will notify you as to the intended use of the data. Users of Sherritt's web site are given the opportunity to 'opt-out' of having their information used for purposes not directly related to the web site at the point information is requested.
  • If a user's identifiable personal information changes or if a user no longer desires this information to be viewed by Sherritt, there is a provision to correct, update, delete or deactivate users' identifiable personal information.
  • In the event Sherritt merges, reorganizes or is sold in whole or in part to another company, users' personal information will, in most instances, be part of the assets transferred. If as a result of the business transition, users' personal information will be used in a manner different from that stated at the time of collection, they will be notified.
Communication

Sherritt communicates and interacts with individuals seeking employment in various ways. Out of respect for users' privacy, "opt-out" options are provided for these optional communications. All new users will receive a welcoming email to verify password and username when they create an account. On rare occasions it may be necessary to send out a service-related announcement to users by email in respect of which users may not opt-out. On a periodic basis, users may be notified of changes to the service, or of a resolution to an account issue, in accordance with users' wishes.

Cookies

"Cookies" are pieces of information that are transferred to your computer's hard drive for record-keeping purposes related to information about users and their use of the web site. The web site and/or some of its pages might utilize cookies to enable Sherritt to better serve users with more tailored information when the users return to the web site. The information stored will make your usage of the web site easier and faster, and will save you from having to re-enter information on each visit. Cookies are also used when personalized information is requested. Users may choose to turn off cookies, in which case they may still use and access the web site but such use and access may be limited in some areas of the web site. Users may turn off or disable cookies by following the help instructions in their internet browser.

Sherritt does not use cookies to retrieve information which was not originally sent in the cookie, and Sherritt does not use information transferred through cookies for any promotional or marketing purposes. This information is not shared with or sold to any third parties.

Links

The web site contains links to other sites. Sherritt does not guarantee that your personal information will not be captured by third-party web sites which may be connected to this web site by way of hyperlinks or pointers, and will bear neither responsibility nor liability if any personal information is either captured or utilized by third-party web sites. Sherritt is not responsible for the privacy practices of such web sites.

Confidentiality

It is important to note that although Sherritt makes every effort to preserve user privacy, disclosure of personal information may be required by law, for example, where it is necessary to comply with a judicial proceeding or court order.

Agreement

By using this web site, you agree to Sherritt's privacy policy. Sherritt reserves the right, at its discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this web site, following changes to these terms, deems you to have accepted those changes.

Other Matters

Changes

All information on this web site is subject to change without notice. Sherritt may, at any time, without notice, make changes to its policies by which it conducts its business, as well as to the manner in which it manages, acquires or disposes of its assets.

Third Parties

Any mention of third party products or services is for information purposes only and does not constitute either an endorsement or recommendation by Sherritt of such product or service. All products, services and brand names are trademarks or registered trademarks of their respective holders.

Submission of Confidential Information by Users

Any unprotected e-mail communication over the Internet is not, as with any communication transmitted over any other medium, confidential, and is subject to possible interception, loss, and alteration. Sherritt is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to Sherritt or an e-mail sent by Sherritt to you at your request, except in the case of job seekers.

Sherritt discourages you from sending any confidential or proprietary information to it through its web site, other than identifiable personal information provided by users seeking job opportunities. You agree that any information or materials (with the exception of identifiable personal information) provided to Sherritt by you, or individuals acting on your behalf, will not be considered confidential or proprietary. By providing any such information or materials to Sherritt, you grant to Sherritt an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, display, publicly perform, transmit and distribute, such information and materials, and you further agree that Sherritt is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Sherritt. You further recognize that Sherritt prohibits, and you warrant that you shall not transmit to the web site, any information or materials that are defamatory, threatening, obscene, pornographic, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.

Severability

If any provision of this Agreement is wholly or partially unenforceable for any reason, such unenforceable provision or part thereof shall be deemed to be omitted from this Agreement without in any way invalidating or impairing the other provisions of this Agreement.