Disclaimer

INDEPENDENT GEOLOGIST ‘DISCLOSURE AND WARNINGS’ AND ‘TERMS AND CONDITIONS OF USE’

This page contains important information regarding disclosures and warnings as well as the terms of use of the Independent Geologist website.

Questions or issues relating to the use of Independent Geologist website, or breaches of the Terms of Use should be directed to Metalstocks Australia (Contact Us).

DISCLOSURE AND WARNINGS

Metalstocks Australia Pty. Ltd. (hereafter Metalstocks) trading as Independent Geologist may publish information on the Independent Geologist website on technical aspects relating to projects held by listed companies.

The Independent Geologist website is not an open forum or internet discussion site (IDS). However, it may, from time to time, include outside contributions.

Corporations law describes an investment advice business as a business of advising other people about securities, or a business in the course of which a person publishes securities reports (ie a published analysis or report relating to a security).

Where Metalstocks is considered as publishing securities reports then Metalstocks Australia Pty Ltd., its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees comply with ASIC Regulatory Guideline 162 for Internet Discussion Sites (see  www.asic.gov.au).

Disclosure and Warnings to people who view articles on the Independent Geologist website:

1. Any information posted on the website has been prepared without taking into account your objectives, financial situation or needs and, as such, you should before acting on the information or advice, consider the appropriateness of the information or advice in relation to your objectives, financial situation or needs. Information posted on this site should not be considered to be financial product advice.
2. No one is permitted to present articles on Metalstocks in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder;
3. Articles are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in an article, you should consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and visit ASIC’s consumer website at http://www.watchdog.asic.gov.au for general guidance about investing;
4. People making articles are individually responsible for the accuracy and authenticity of their articles;
5. Because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
6. You will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the articles;
7. Securities cannot be offered to you for sale or issue through articles on the IDS; and
8. It is advisable that you alert Metalstocks if you have good reason to suspect that any articles are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the articles.

Disclosure and Warnings to people who might provide content to be included on the Independent Geologist website:

1. You are personally responsible for your contributions (including any alterations that you make to articles). Therefore, you should not include any misleading or deceptive information in your articles and not carry out illegal or unauthorised activities using the IDS. Information in articles may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;
2. If you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable to you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
3. If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting; and
4. If the IDS operator (Metalstocks) finds or reasonably suspects that you are making illegal or unauthorised articles, your right to make articles will be withdrawn.
5. No one is permitted to make articles on Independent Geologist in their capacity as a representative of an AFSL Holder or as an Authorised representative of an AFSL Holder. By accepting these terms you confirm that you will not make articles in your capacity as a representative of an AFSL Holder or an authorised representative of an AFSL Holder.

Please visit http://www.asic.gov.aufor further information on ASIC Guideline 162.

 

TERMS AND CONDITIONS OF USE

A. ACCEPTANCE OF TERMS
Metalstocks provides its service to you subject to the following Terms of Use (“TOU”) which may be updated by us from time to time without notice to you. In addition, when using particular Metalstocks owned or operated services, you and Metalstocks shall be subject to any posted guidelines or rules applicable to such services which may be updated from time to time.

You agree to not use Independent Geologist to;

1. upload, post, email, transmit or otherwise make available any information, data, text, photographs, graphics, or other materials (“Content”), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, a Metalstocks official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website;
4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of Mineralresource.info are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
9. interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, Australian Securities and Investments Commission, any rules of any national or other securities exchange, including, without limitation, the Australian Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. harass a contributor to this website; or
12. collect or store personal data about other contributors to this website.

You acknowledge that Metalstocks may or may not pre-screen Content, but that Metalstocks and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via this website. Without limiting the foregoing, Metalstocks and its designees shall have the right to remove any Content from this websitethat violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Metalstocks or submitted to Metalstocks.

You acknowledge, consent and agree that Metalstocks may access, preserve, and disclose your Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety.

You understand that the technical processing and transmission of this website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that this website and software embodied within this website may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Metalstocks and/or content providers who provide content to this website. You may not attempt to override or circumvent any of the usage rules embedded into this website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on this website, in whole or in part, is strictly prohibited.

B. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

C. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Metalstocks does not claim ownership of Content you submit or make available for inclusion on this website. However, with respect to Content you submit or make available for inclusion on this website, you grant Metalstocks the following world-wide, royalty free and non-exclusive license(s), as applicable:

1. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on Mineralresource.info other than Metalstocks Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

D. COPYRIGHT INFRINGEMENT

Metalstocks makes no representations or warranties with respect to the ownership of, or copyright in, content on Mineralresource.info uploaded, linked or otherwise disseminated by those contributing to this websiteoutside of Metalstocks and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.

E. INDEMNITY

You agree to indemnify and hold Metalstocks harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Mineralresource.info or your violation of any rights of another.

You agree that should you find any offending information on this website you will immediately contact Metalstocks support via the contact feature available on the website and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that Metalstocks has 72 business hours to remove the offending material once notification is received and acknowledged.

F. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website.

G. MODIFICATIONS TO SERVICE

Metalstocks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently Mineralresource.info (or any part thereof) with or without notice. You agree that Metalstocks shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.

H. LINKS

This website may provide, or third parties may provide, links to other World Wide Web sites or resources. Metalstocks has no control over such sites and resources. As such, you acknowledge and agree that Metalstocks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Metalstocks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

I. METALSTOCKS’S PROPRIETARY RIGHTS

You acknowledge and agree that Metalstocks and any necessary software used in connection with this website may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Metalstocks you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website, in whole or in part.

J. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of this website is at your sole risk. The service is provided on an “as is” and “as available” basis. Metalstocks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Metalstocks makes no warranty that (i) this website will meet your requirements, (ii) this website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Mineralresource.info will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from Metalstocks or through or from this website shall create any warranty not expressly stated in the TOU.
5. Due to the global nature of the internet, users outside of Australia and its territories (jurisdiction) may access this website. As such, Metalstocks is not subject to regulatory controls that may exist outside of the jurisdiction.

K. LIMITATION OF LIABILITY

You expressly understand and agree that Metalstocks shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Metalstocks has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to this website.

L. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from this website concerning companies, projects, investments or securities, please read the above Sections I and J.

This website is provided for informational purposes only, and no Content included on this website is intended for trading or investing purposes. Metalstocks and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this website, and shall not be responsible or liable for any trading or investment decisions made based on such information.

L. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.

M. NOTICE

Metalstocks may provide you with notices by email, regular mail, or articles on this website.

N. BRAND INFORMATION

You agree not to display or use in any manner the this website brand without permission of Metalstocks.

O. GENERAL INFORMATION

Entire Agreement. The TOU constitute the entire agreement between you and Metalstocks and govern your use of this website, superseding any prior agreements between you and Metalstocks. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Metalstocks services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and Metalstocks shall be governed by the laws Tasmania without regard to its conflict of law provisions. You and Metalstocks agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Hobart, Tasmania.

Waiver and Severability of Terms. The failure of Metalstocks to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

P. BREACHES

Please report any violations of the TOU to Metalstocks via the contact feature available on this website.