The following sets out the terms and conditions under which you may access and use the Website, and the information and materials contained therein.  By accessing the Website, you are agreeing to be bound by these Terms of Use.  If you do not agree with these Terms of Use you may not access or use the Website or any information or materials contained therein.

The Website and the information contained therein (including changes to these Terms of Use) may be changed or updated from time to time without notice.  It is your responsibility to check for such changes.  Ferus NGF may revise, supplement or delete information, materials, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors. If you do not agree with any amendment you must stop using and accessing the Website.  Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. Although Ferus NGF believes this information to be correct at the time it is posted, Ferus NGF does not warrant the accuracy, completeness or currency of this information at all times and Ferus NGF cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on the Website.  

 

You may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to, or accessible through, the Website. You may only use the Website for lawful purposes.

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1. LIMITED LICENSE

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Subject to these Terms of Use, you are granted a limited license only to display and print the materials and information contained in the Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted.  You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained in the Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Ferus NGF, any other use of such materials or information without Ferus NGF’s written permission is prohibited.

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2. PROPRIETARY RIGHTS

 

The materials and information contained in the Website are protected under the laws of Canada and of other countries.  Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Website may constitute trademarks, service marks or trade names of Ferus NGF or other entities.  The display of trademarks, service marks or trade names on the pages of the Website does not imply that a license of any kind has been granted to anyone else.  Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.

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3. INVESTMENT DECISIONS

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THE MATERIALS AND INFORMATION CONTAINED IN THE WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE A SOLICITATION OR AN OFFERING OF SECURITIES IN ANY JURISDICTION.  Information disclosed under securities laws of any jurisdiction applicable to Ferus NGF is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Website.  Due to the technical and security risks inherent in the Internet, and because the document you access may differ from the original depending on your browser software, the information set out in the Website should not be used for the purpose of making investment decisions with respect to Ferus NGF.

 

IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES.  IF YOU NEED CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS, iF ANY, THAT HAVE BEEN FILED WITH THE APPLICABLE SECURITIES REGULATORY AUTHORITIES.

 

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4. FORWARD LOOKING STATEMENTS

 

The Website contains statements that constitute "forward-looking information" within the meaning of applicable securities legislation including statements that contain words such as "could", "should", "can", "anticipate", "estimate", "propose", "plan", "project", "continue", "expect", "believe", "will", "may" and similar expressions and statements that are not related to historical facts.  In particular, these statements include, among other things, certain statements regarding Ferus NGF’s growth strategy; budgets; projected costs; capital expenditures; taxes; internal controls; dividend policy; future financial position; results of operations; plans and objectives; access to capital; sources of funding; business strategy; financial results; and future cash flows of Ferus NGF.

 

You are cautioned not to place undue reliance on forward-looking information as there can be no assurance that the future circumstances, outcomes or results anticipated in or implied by such forward-looking information will occur or that plans, intentions or expectations upon which the forward-looking information is based will occur.  By its nature, forward-looking information involves numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that circumstances, events or outcomes anticipated or implied by forward-looking information will not occur, which may cause the actual performance and financial results in future periods to differ materially from the performance or results anticipated or implied by any such forward-looking information.  Some of the risks and other factors which could cause results to differ materially from those expressed in the forward-looking information contained in this website include, but are not limited to: industry capacity; the impact of competitors; fuel costs; feedstock costs (including N2 and CO2); the occurrence of defaults with respect to the credit Ferus NGF issues; health, safety and environmental risks; cybersecurity; dependence on key suppliers; the availability of alternate non-liquid fuel technologies; the reliability of Ferus NGF’s electronic systems for recording of sales and accumulation of financial data; Ferus NGF’s dependence on qualified operating or management personnel and employees; weather; limited, unfavorable or no access to capital or credit markets; fluctuations in oil and gas prices, foreign currency exchange rates and interest rates; the outcome and effects of completed acquisitions, as well as any future acquisitions; the ability of Ferus NGF to integrate any assets it has acquired or may acquire or the performance of those assets; the assumption of potential liabilities from acquisitions; risks of pending and future legal proceedings and the litigation process; changes in general economic and business conditions; the possibility that government policies or laws may change or governmental approvals may be delayed or withheld; the results of Ferus NGF’s risk mitigation strategies, including insurance and any hedging programs; budgets; effectiveness of internal controls; sources of funding and sales of securities of Ferus NGF; Ferus NGF’s ability to implement its business strategy; possible volatility of market price of Ferus NGF’s securities, the nature of Ferus NGF’s issued and outstanding securities; taxes, ability to achieve business objectives and challenges associated with the growth of the business; the stringent requirements of, and the potential for changes to, applicable environmental laws and other regulations affecting Ferus NGF; the impact of leverage, restrictive covenants and capital requirements; limitations on bank borrowing; the investment eligibility of Ferus NGF’s securities; plans and objectives of or involving Ferus NGF; and such other risks or factors described from time to time in the reports filed with securities regulatory authorities by Ferus NGF.

 

Ferus NGF cautions that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect Ferus NGF’s operations or financial results are included in Ferus NGF’s filings made with applicable securities regulatory authorities, if any.    

Undue reliance should not be placed on forward-looking information which is based on management's assumptions as at the date such information was provided and is subject to known and unknown risks and uncertainties, including the risks described above, which may cause actual performance and financial results in future periods to differ materially from any predictions of future performance or results expressed or implied by such future-looking information.  Accordingly, you are cautioned that events or circumstances could cause results to differ materially from those predicted.

Forward-looking information is based on the estimates and opinions of Ferus NGF’s management at the time the statements are made in light of, and generally consistent with, its historical experience and its perception of historical trends, as well as certain expectations, generally consistent with, and informed by, its past experience, all of which are subject to the risk factors identified above.  Ferus NGF assumes no obligation to update forward-looking information should circumstances or management's estimates or opinions change, except as required by applicable law.  The forward-looking information contained in the Website are expressly qualified by this cautionary statement.

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5. PRIVACY

 

Our privacy policy can be accessed at www.ferus.com. We encourage you to review this document periodically.

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6. CONTENT THAT YOU SHARE WITH US

 

The Website may contain features that allow you to share your resume / CV and other personal information (“Content”) with us.   By doing so, you consent that we may use such Content for the purposes that it was provided to us (i.e. to evaluate your suitability for a position with Ferus NGF). You also represent and warrant that you have all rights necessary to share the Content with us, and that the Content is free from viruses and other malware.  

 

Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Website, or Ferus NGF’s business.  If you send us any ideas or suggestions, regardless of the topic, we will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.  

 

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7. CODE OF CONDUCT

 

You may not interfere with the security of, or otherwise abuse, the Website, or any system resources, services or networks connected to or accessible through the Website.  You may only use the Website for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Ferus NGF’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  

 

While using the Website, you agree to comply with all applicable laws, rules and regulations.  

 

You further agree not to:

• mirror or frame any part of the Website without Ferus NGF’s express prior written consent; or

• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website's root directory, Ferus NGF grants to the operators of public search engines a revocable, limited, non-exclusive license to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. For greater certainty, Ferus NGF reserves the right to revoke such licensees either generally or in specific cases, at any time and without notice.  

 

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the Website.    

 

Ferus NGF may, without notice, temporarily suspend your, or any other party's, access to the Website if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Ferus NGF may reasonably determine is necessary to permit the thorough investigation of such suspended activity.  

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8. COMMUNICATIONS THROUGH THE WEBSITE / E-MAIL

 

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  Ferus NGF is not liable for any damages related to communications to, or from, the Website.  You agree with respect to any information provided by you to us through the Website or via e-mail that:

• Ferus NGF has no obligation concerning such information; 

• the information is non-confidential; 

• Ferus NGF may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and 

• the information is truthful and disclosure of the information does not violate the legal rights of others.

 

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9. LINKS TO THIRD PARTY WEBSITES

 

Ferus NGF does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Website. Ferus NGF provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Ferus NGF of the linked website or information contained therein and Ferus NGF does not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.

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10. INTERNET SOFTWARE OR COMPUTER VIRUSES

 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on the Website.  Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

 

Ferus NGF shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the information or materials from the Website.  Ferus NGF recommends that you install appropriate anti-virus or other protective software.

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11. DISCLAIMER OF WARRANTIES

 

THE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" AND ARE USED BY YOU AT YOUR SOLE RISK.  FERUS NGF MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FERUS NGF HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, FERUS NGF DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  FERUS NGF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE WEBSITE.

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12. EXCLUSION OF LIABILITY

 

AS ABOVE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FERUS NGF OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR WITH ANY LINKED THIRD-PARTY WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

 

IN EVERY EVENT, BY USING OUR WEBSITE, YOU AGREE THAT FERUS NGF’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.  

 

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR FERUS NGF TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY FERUS NGF, FERUS NGF WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES. 

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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13. INDEMNIFICATION

 

You agree to indemnify and hold Ferus NGF and its officers, directors, shareholders, predecessors, successors, assigns, employees, and agents harmless against all claims or liability asserted against Ferus NGF arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

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14. GENERAL

 

Ferus NGF is headquartered in Alberta, Canada and the Website is controlled, operated and administered by Ferus NGF from Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Alberta, Canada, by accessing the Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and Ferus NGF which in any way concerns these Terms of Use or the use of the Website or any materials or information contained therein shall be brought exclusively in the courts in Alberta, Canada.  Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Ferus NGF relating to any such dispute and you also agree to opt out of any class proceedings against Ferus NGF.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. 

Ferus NGF makes no representation that access to the Website or that the information contained therein is appropriate or legal in all jurisdictions.  You may not access the Website or use any information in those jurisdictions where it would be illegal.  In any case, your access to the Website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

Ferus NGF’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention, ainsi que tous les documents qui s'y rattachent, soient en anglais.

 

Sections 11 through 14 inclusive shall survive any termination, expiry or subsequent amendment of these Terms of Use.

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15. CONTACT INFORMATION

 

Ferus Natural Gas Fuels Inc.

Suite 1800, 300 – 5 Avenue SW

Calgary, AB T2P 3C4

info@ferus.com

 

LAST UPDATED:  October 28, 2020