Conditions of Use

1.      Acceptance of Terms

1.1.         This website (the "Site") is made available for your use subject to the terms and conditions set forth below, without modification, and by using this Site in any manner, including, without limitation, merely browsing the Site, you, the User (“User”), agree to be bound by such terms and conditions, except for matters in relation to the AECO Hub Tariff, the Wild Goose Storage Inc. Tariff, Tariff and the Statement of Operating Conditions of Salt Plains Storage Inc., as the case may be, (the “Tariff(s)”). Use of this Site which is otherwise governed by any portion of or schedule of the Tariffs, shall be governed by the jurisdiction and regulatory regime (and appropriate Tariff) identified therein. Capitalized terms that are not defined in these Conditions of Use shall be as defined in the Tariffs.

2.    Use

2.1.         It is intended that MyHUBAccount shall allow Parties to electronically transmit, receive and accept Request instructions and other related data. Nothing in the Tariffs requires or compels Customer to utilize MyHUBAccount to facilitate a Transaction, but should a Customer choose to do so the Parties agree that their obligations for any Request shall be binding on them.

2.2.         Customer shall provide and maintain at its own risk and expense any and all hardware and software suitable for using the Site.

2.3.         Each Party shall take commercially reasonable steps to prevent unauthorized access to and use of any portion of this Site. Customers shall be provided with user identification and passwords to access the Site. Customers will be solely responsible and liable for all access to and use of user identifications and passwords. Customer will promptly notify Rockpoint of any unauthorized disclosure or use of the user identification and passwords.

2.4.         If Parties cannot access the Site or cannot transmit Documents using the Site for whatever reason, each Party will use commercially reasonable efforts to continue normal communication by alternate means.

2.5.         Each Party shall maintain electronic data or records required for the time period required by any and all applicable law(s).

3.      Information

3.1.              Information contained in this Site is for information purposes only and you agree to use at your sole risk. You agree not to copy, reproduce, modify, distribute, or otherwise use any of the information contained in this Site except as permitted by these terms and conditions without express written consent.

 

 

3.2.         Any visitor to this Site providing information to Rockpoint agrees that Rockpoint shall have no obligation with respect to such information and shall be free to use, distribute, disclose and reproduce the information to others and shall be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever. Any information provided by you to Rockpoint shall be deemed to be non-confidential and must be truthful, legal and not violate the rights of others.

4.      WARRANTIES

4.1.              THIS SITE, AND ALL INFORMATION AND MATERIALS AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE INFORMATION CONTAINED IN THIS SITE IS ERROR FREE OR FREE FROM COMPUTER VIRUSES. FOR GREATER CLARITY, ROCKPOINT MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE QUALITY, CONTENT, COMPLETENESS, SUITABILITY, ADEQUACY OR ACCURACY OF ANYTHING ON THE SITE, INCLUDING THE STORAGE REQUEST SUBMISSION.  

5.      LIMITATION OF LIABILITY

5.1.              IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ROCKPOINT GAS STORAGE CANADA LTD., ROCKPOINT GAS STORAGE US LLC, WILD GOOSE STORAGE LLC, SALT PLAINS STORAGE LLC, STARKS GAS STORAGE L.L.C. OR THE PARENT(S), SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR PARTNERS OF SUCH ENTITIES (COLLECTIVELY, "ROCKPOINT") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ROCKPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE, THE INFORMORMATION OR LACK OF INFORMATION ON THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE OR OTHER MATERIAL OBTAINED THROUGH THIS SITE. INCLUDING ANY RISK TO USER’S COMPUTER, SOFTWARE OR DATA BEING DAMAGED BY ANY VIRUS, SOFTWARE, OR ANY OTHER FILE WHICH MAY BE TRANSMITTED OR ACTIVATED BY USE OF THIS SITE INCLUDING THE STORAGE REQUEST SUBMISSION.

5.2.         The Parties agree that as between them, each Document that is received shall be deemed to constitute a memorandum in writing signed and delivered by or on behalf of the Party who sent it for the purposes of any statute or rule of law that requires a Transaction to be evidenced by written memorandum or to be in writing, or requires any such written memorandum to be signed or signed and delivered. Each Party acknowledges that in any legal proceedings between them respecting or in any way relating to a Transaction it hereby expressly waives the right to raise any defense or waiver of liability based upon the absence of a memorandum in writing or of a signature.

 

6.    Force Majeure

6.1.         Performance by a Party of all or any part of that Party’s obligations under these Conditions of Use shall be suspended during the period and to the extent that such performance is delayed or prevented by any cause, except lack of funds, beyond the control of that Party. The Party declaring Force Majeure shall:

6.2.         Promptly notify the other Party, in writing, of the particulars of the cause upon which it relies, including the date and time of its commencement;

6.3.         Promptly notify the other Party, in writing, after such cause ceases to exist;

6.4.         Recommence performance of the suspended obligation hereunder as soon as such cause ceases; and

6.5.         Use its best efforts to mitigate the restraint due to the cause upon which it relies.

6.6.         If a Party claims suspension of an obligation for Force Majeure, any obligation to the other Party shall also be suspended if and to the extent that obligation of that other Party is dependent upon or is a consequence of the performance of that obligation.

7.      No Solicitation

7.1.              Information contained in this Site does not constitute a solicitation or an offering of securities in any jurisdiction. Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to Rockpoint, e.g. Annual Report, Quarterly Reports, Annual Information Form or press releases, are not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this Site.

8.      Trademark and Copyright

8.1.              All material and information found in this Site, including, without limitation, the design and arrangement of the Site, is protected under the copyright, trademark, patent and other similar intellectual property laws of Canada and other applicable jurisdictions.

8.2.              The display of trademarks, tradenames or design marks in this Site does not imply that a license of any kind has been granted to any other party.

8.3.              You are hereby granted a limited use license for the sole purposes of viewing, downloading, and printing the information available on this Site provided that the information is used solely for personal information purposes, and that you do not modify or alter the information in any way or remove any copyright or other proprietary notice contained in the information. You may not sell, rent or otherwise distribute the information to others. Any unauthorized use regarding publication, copying or modification of information on this Site, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

9.    Relationship

9.1.              User acknowledges that no joint venture, partnership, employment or agency relationship exists between User and Rockpoint as a result of the use of this Site, including the storage request submission. User agrees not to hold himself or herself out as a representative, agent, or employee of Rockpoint and Rockpoint shall not be liable for any representation, act or omission of User.   

10.  Governing Law and Jurisdiction

10.1.          This Site is controlled from offices located in the Province of Alberta, Canada. By accessing this Site you agree that all matters relating to your use of this Site shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein.

11.  Privacy

11.1.      Rockpoint does not sell, rent or loan any identifiable information regarding any person using the Site to any third party. Rockpoint reserves the right to disclose information where required by law; to comply with a valid legal process such as a search warrant or court order; to protect Rockpoint's rights and property; or during an emergency when safety is at risk. No data transmitted over the internet can be guaranteed to be secure, and therefore any information sent over the internet is done so at your own risk. Any information that is received by Rockpoint through the Site is retained using reasonable industry standard technology.

12. Term and Termination

12.1.      These Conditions of Use shall commence upon the execution by both Parties of a Storage Services Agreement and shall continue until the termination of that Agreement or as prescribed by these Conditions of Use.

12.2.      These Conditions of Use are subject to change at the sole discretion of Rockpoint without prior notice to Customer.

12.3.      Customer acknowledges that MyHUBAccount is a communication facility enabled by Rockpoint to better interact with its customers, and so agrees that Rockpoint may terminate all or a portion of MyHUBAccount or its constituent functions, in its sole discretion at any time, upon thirty (30) days prior written notice.