The following sets out the terms under which you may access and use Avaal Blue Fuel Corporation’s and all of its affiliates (“Avaal Blue”) website located at https://avaalblue.com/and any and all of its affiliates’ websites (the “Avaal.com Website”), and the information and materials contained therein. By accessing the Avaal Blue 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 Avaal Blue Website or any information or materials contained therein.
These Terms of Use may be changed from time to time, without notice. It is your responsibility to check for such changes. If you do not agree with any amendment, you must stop using and accessing the Avaal Blue Website. Your continued access or use of the Avaal Blue Website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse, the Avaal Blue Website or any system resources, services or networks connected to, or accessible through, the Avaal Blue Website. You may only use the Avaal Blue Website for lawful purposes.
Limited License
Subject to these Terms of Use, you are granted a limited license only to display and print the materials and information contained in the Avaal Blue 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 Avaal Blue Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Avaal Blue, any other use of such materials or information without Avaal Blue’s written permission is prohibited.
Proprietary Rights
The materials and information contained in the Avaal Blue 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 Avaal Blue Website may constitute trade-marks, service marks or trade-names of Avaal Blue or other entities. The display of trade-marks, service marks or trade-names on the pages of the Avaal Blue 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 trade-marks, service marks or trade-names in any manner whatsoever.
Investment Decisions
THE MATERIALS AND INFORMATION CONTAINED IN THE AVAAL BLUE WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. Information disclosed under the securities laws of those Canadian jurisdictions applicable to Avaal Blue is not intended to be in any way qualified, amended, modified, or supplemented by the information otherwise available in, through or on the Avaal Blue 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 Avaal Blue Website should not be used for the purpose of making investment decisions with respect to Avaal Blue.
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 THAT HAVE BEEN FILED WITH THE SECURITIES AUTHORITIES. Such information may be accessed from the website for the System for Electronic Document Analysis and Retrieval (SEDAR) developed for the Canadian securities administrators which is located at www.sedar.com.
Investment Caution
The Avaal Blue 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 Avaal Blue’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 Avaal Blue.
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: retail pricing for motor fuel and margin erosion on account of competitive pricing, seasonal over-supply and lack of responsiveness of retail pricing to changes in crude oil costs; industry capacity; the impact of competitors, namely major integrated oil companies, other commercial fuel and propane marketers, convenience store chains, independent convenience stores, gas station operators, large and small food retailers, discount stores and mass merchants; volatility in crude oil prices and in wholesale petroleum pricing and supply; fuel costs; the occurrence of defaults with respect to the credit Avaal Blue issues; health, safety and environmental risks; dependence on key suppliers; the availability of alternate non-liquid fuel technologies; the reliability of Avaal Blue’s electronic systems for recording of sales and accumulation of financial data; Avaal Blue’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 Avaal Blue 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 Avaal Blue’s risk mitigation strategies, including insurance and any hedging programs; budgets; effectiveness of internal controls; sources of funding and sales of securities of Avaal Blue; Avaal Blue’s ability to implement its business strategy; possible volatility of market price of Avaal Blue’s securities, the nature of Avaal Blue’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 Avaal Blue; the impact of leverage, restrictive covenants and capital requirements; limitations on bank borrowing; the investment eligibility of Avaal Blue’s securities; plans and objectives of or involving Avaal Blue; and such other risks or factors described from time to time in the reports filed with securities regulatory authorities by Avaal Blue.
Avaal Blue cautions that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect Avaal Blue’s operations or financial results are included in Avaal Blue’s most recent Annual Information Form and Annual Report and certain other filings made with applicable Canadian Securities regulatory authorities. You can access the Annual Information Form and the Annual Report from the Avaal Blue Website. In addition, information is available in Avaal Blue’s other reports on file with applicable Canadian securities regulatory authorities.
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 Avaal Blue’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. Avaal Blue assumes no obligation to update forward-looking information should circumstances or management’s estimates or opinions change, except as required by applicable law.
Links to Third Party Websites
Avaal Blue 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 Avaal Blue Website. Avaal Blue provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Avaal Blue of the linked website or information contained therein.
Currency of Website
Avaal Blue updates the information and materials on this website periodically. However, Avaal Blue cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on this website. Avaal Blue may revise, supplement or delete information, materials, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Email Communications
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Avaal Blue is not liable for any damages related to communications to, or from, the Avaal Blue Website. You agree with respect to any information provided by you to us through the Avaal Blue Website or via e-mail that:
- Avaal Blue has no obligation concerning such information;
- The information is non-confidential;
- Avaal Blue 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.
Internet Software and 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 this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Avaal Blue 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 this website or your downloading of any of the information or materials from this website. Avaal Blue recommends that you install appropriate anti-virus or other protective software.
Disclaimer of Warranties
THE AVAAL BLUE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND IS USED BY YOU AT YOUR SOLE RISK. AVAAL BLUE 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.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, AVAAL BLUE DOES NOT REPRESENT OR WARRANT THAT THE AVAAL BLUE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE AVAAL BLUE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AVAAL BLUE 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 AVAAL BLUE WEBSITE.
Exclusion of Liabilities
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE AVAAL BLUE WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVAAL BLUE OR ANY OF ITS SUBSIDIARY ENTITIES 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 AVAAL BLUE 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, AVAAL BLUE’S TOTAL MAXIMUM AGGREGATE LIABILITY 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.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR AVAAL BLUE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY AVAAL BLUE, AVAAL BLUE 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.
Indemnification
You agree to indemnify and hold Avaal Blue harmless against all claims or liability asserted against Avaal Blue arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
General
Avaal Blue is headquartered in Canada and the Avaal Blue Website is controlled, operated and administered by Avaal Blue from Avaal Technology Solutions Inc.
2520 Venture Oaks Way, Suite 245 Sacramento, CA. The Avaal Blue 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 Avaal Blue Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Avaal Blue 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 Canada applicable therein (without reference to conflicts of laws principles). You agree that any legal action or proceeding between you and Avaal Blue which in any way concerns these Terms of Use or the use of the Avaal Blue Website or any materials or information contained therein shall be brought exclusively in the courts of Alberta, Canada. Any such dispute will be brought on an individual basis, and will not be consolidated in any other proceeding with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Avaal Blue relating to any such dispute and you also agree to opt out of any class proceedings against Avaal Blue. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
Avaal Blue makes no representation that access to the Avaal Blue Website or that the information contained therein is appropriate or legal in all jurisdictions. You may not access the Avaal Blue 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. Avaal Blue’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. All references herein to Avaal Blue shall be deemed to include any subsidiary, affiliate, associate, or successor of Avaal Blue. The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.