1.  Please read these terms and conditions carefully. The terms and conditions set out herein govern User’s (as defined below) use of and access to the Prospectors and Developers Association Of Canada (“PDAC”) online site (the “WEB SITE”), information database and management system services administered by the PDAC provided through the Web Site (the “SERVICES”) and the messages, information, data, text, graphics, images, photographs, illustrations, software or other content available through the Web Site (collectively the “CONTENT”). This Web Site is provided by PDAC solely for the limited purposes identified in the terms and conditions and its use is conditional on User’s acceptance thereof (collectively the “TERMS AND CONDITIONS”).
   
2. The PDAC is a national association established to represent the interests of the mineral exploration and development industry, and the body responsible for organizing and administering the E3 Plus initiative.
   
3.  The Web Site, Services and Content are for your benefit as a subscriber (hereinafter a "USER") and contain information of interest to the mineral exploration industry in respect of environmental stewardship, social responsibility and health & safety.
4.  By visiting, accessing or using this Web Site, including, as applicable and without limitation, to use or access any of the Content or Services, User agrees on its own behalf, and on behalf of any entity on whose behalf the User may act, to accept and abide by the Terms and Conditions for each use of and each visit to this Web Site.  If User does not agree to abide by these Terms and Conditions, the User shall not use this Web Site.
5. Please note that the Web site, Services and Content as well as the Terms and Conditions may be revised from time to time. User hereby agrees to be bound, as part of this Agreement and by User's continued use of this Web site, to the most current revision of the Terms and Conditions, as indicated by the revision date posted on the Web site.
   

1. The PDAC has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Web Site.  It is User’s responsibility to check the Terms and Conditions regularly to determine whether any changes have been made; please check the Terms and Conditions frequently for updates by checking the date of the “Last Update” at the top of this document.  If any term, condition or any change to the Terms and Conditions is not acceptable to User, User must discontinue its use of the Web Site immediately.  User’s continued use of the Web Site after any such changes are posted will constitute acceptance of those changes.  The Terms and Conditions apply exclusively to User’s use of the Web Site and do not alter the terms or conditions of any other agreement User may have with the PDAC.
2. The PDAC may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Web Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or Services on, or links to, the Web Site (ii) adding, removing or changing any fees or charges for use of the Web Site or any feature of the Web Site; (iii) removing, adding, modifying or otherwise changing any Content or Services on the Web Site.  The PDAC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site at any time without notice, but confirms that it has no duty to do so.  The PDAC and its service providers will also have the right to terminate User’s use of the Web Site as set out below under the heading “Termination of Use”.
3. User agrees to have the Terms and Conditions and any related information made available to him/her, and to otherwise have communications between User and the PDAC occur, electronically.

1. User is granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to download, display on his/her computer, print, use and modify the Content only for informational purposes and for the purposes identified in the description and/or specific terms and conditions of use, if any, of each of the Services made available through the Web Site and solely for User’s own personal or internal company use.  Except as provided herein, no other use is permitted.
2.  User shall not modify the Content from the form as presented on the Web Site without acknowledging the source of the Content so modified (the “USER MODIFICATIONS”).  Any User Modifications shall be made solely to the extent necessary to adapt the Content to User’s own personal or internal company use.  Any User Modification shall not modify, edit or delete any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
3. All rights not expressly granted by the Terms and Conditions are reserved to the PDAC.
   

1. User may not:
   1. include any Content in or with any product that User creates or distributes without acknowledging the source of the Content so included;
   2. copy any Content onto User’s own or any other web site without acknowledging the source of the Content so copied;
   3. use the Web Site or the Services in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Web Site or any Services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Web Site (including without limitation uploading, posting or otherwise transmitting on the Web Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Web Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Web Site or the Content in whole or in part);
   4. use the Web Site, the Content, User Modifications or the Services in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any right of the PDAC, its partners, licensors, content providers, service providers or contractors, that is prohibited in the Terms and Conditions (including by accessing the Web Site or the Services from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), that is otherwise objectionable or which does not respect the legal rights and interests of others;
   5. use the Web Site, the Content, User Modifications or the Services in any data matching or data mining, including without limitation the collection or use of information about other users of the Services (including their email addresses) without their consent;
   6. post any materials to the Web Site or the Services which would violate any of the restrictions set out in the Terms and Conditions;
   7. use the Web Site for commercial purposes or activities, including, without limitation: (A) selling or offering to sell any goods or services; (B) soliciting for advertisers or sponsors; (C) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person; (D) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (E) soliciting for donations; or (F) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or
   8. use the Web Site or Services in any manner that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (B) dilute or depreciate the name and reputation of the PDAC, its Marks (as defined below), its partners, licensors, content providers, service providers or contractors; (C) interfere with any other persons’ use and enjoyment of the Web Site, the Services or of the Internet generally; (D) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Web Site or the Services or any other Internet resource or computer system; (E) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any PDAC Representative (as defined below); or (F) disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or security number) without that person’s permission.
2. Except as provided herein, none of the Content may be copied, resold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the PDAC or the intellectual property right owner. If User has questions about the Terms and Conditions, please send a request for clarification to the E3 Plus Project Manager using the provided Contact Us form.
3.  User may not, without the written permission of the PDAC, "mirror" any Content on any other server.

1. User acknowledges that contributors are an essential source of content for the Web Site. Accordingly, User agrees that all Content is protected by copyright (either registered or arising at common law or under the applicable civil law) and owned or controlled by the PDAC or contributors.  User shall acknowledge the source of any Content used by him/her in accordance with the Terms and Conditions.
2. Copyright and permission details are available on demand or as indicated on the Web site.  Any unauthorized copying, redistribution, reproduction or modification of this Web Site or the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action.  User agrees to comply with all copyright laws worldwide in his/her use of the Web Site, the Content and the Services and to prevent any unauthorized copying of the Content.
3. Certain names, words, titles, phrases, logos, icons, graphics or designs in the Web Site, including without limitation “PDAC”, “E3”, “E3 PLUS”: and “ENVIRONMENTAL EXCELLENCE IN EXPLORATION”, “EXCELLENCE IN SOCIAL RESPONSIBILITY”, EXCELLENCE IN ENVIRONMENTAL STEWARDSHIP” and “EXCELLENCE IN HEALTH AND SAFETY” constitute trade-marks, trade-names, trade dress and/or associated products and services of the PDAC, its partners, any licensor, content provider, service provider or contractor of the PDAC or any other third party (collectively the “MARKS”) and are protected in Canada, the United States and internationally and their display on the Web Site does not convey or create any licence or other rights in the Marks.  Any use of any of the Marks, in whole or in part, that are accessible via the Web Site without prior written authorization of the PDAC or such third party is strictly prohibited.
4. The PDAC respects the intellectual property rights of others. If you believe that your work has been copied and appears on this site in a way that constitutes infringement of your intellectual property rights, please notify us by using the provided Contact Us form. The PDAC reserves the right to remove content that infringes upon the intellectual property rights of others and to terminate use of the Web Site as set out below under the heading “Termination of Use”.

1. The Web Site, Services and the Content are provided "AS IS" and as available basis; and that any access to, use of, modification to or reliance on the Web Site, Services and the Content shall be at Users sole risk. Although the Web Site, Services and Content is obtained or compiled from sources the PDAC believes to be reliable, the PDAC and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“PDAC REPRESENTATIVES”), cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation:  (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Web Site, Services or Content will meet User’s requirements or will be compatible with User’s computer or related equipment, photograph equipment or software; (iii) that the Web Site, Services or Content is accurate, valid, reliable, authentic, current, or complete; or (iv) that the Web Site will continue to operate, operate without interruptions or be error-free.
2. In addition, the PDAC Representatives make no representation or warranty that the Web Site, Services or Content is appropriate or available for use at any location.  Accessing the Web Site, Services or Content from locations where its contents are illegal is prohibited. Those who choose to access the Web Site, Services or Content from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.
3. User understands and agrees that the PDAC Representatives cannot and do not guarantee or warrant that files available for downloading from the Web Site will be free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The PDAC Representatives do not assume any responsibility or risk for User's use of the Internet.
4. User’s use of the Web Site, Services or Content including any content, materials, data or information posted, submitted, downloaded or otherwise obtained through the Web Site, is at User’s own risk. User is solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to User’s use of the Web Site, Services, User Modifications or Content, User’s breach of the Terms and Conditions, User’s violation or infringement of the rights of others, or User’s violation of any applicable civil or criminal law. The PDAC Representatives disclaim any and all responsibility and liability regarding all such matters.
5. User agrees that he/she is solely responsible for actions and communications undertaken or transmitted in the course of his/her usage of the Web Site, the Services, the User Modifications and the Content, and that User will comply with all laws that apply or may apply to his/her use of or activities on the Web Site and the Services or in respect of the Content or the User Modifications.  The PDAC may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.  The PDAC reserves the right at all times to disclose any information (including User’s personal information) regarding his/her usage of the Web Site, the Content or the Services (including any perceived violations of applicable law) as necessary to satisfy any request authorized by applicable law.
6. Through User’s use of the Web Site, Services or Content, User may have the opportunity to engage in commercial transactions with third parties. All such transactions are at User’s own risk. The PDAC Representatives are not parties to any such transactions and disclaim any and all liability regarding all such transactions.

1. Information provided on this Web site is intended to provide the User with general information, guidelines, and suggestions.  It is not intended, and should not be construed, to constitute advice, legal or otherwise, and should not be relied upon in any such regard.
2. User understands and acknowledges that many factors unknown to the PDAC may affect the applicability of any statement, comment or information that is made available through the Web Site, the Services or the Content to any User's particular circumstances.
3. Users should consult an appropriate professional adviser as to the applicability of any particular technique, practice or information referred to on the Web Site, the Services or in the Content to the User's particular circumstances.
   

1. Certain links on the Web Site may take User to other web sites. The PDAC provides these links only as a convenience.  The PDAC is not responsible for the content of any such linked pages. The PDAC makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described.  Should User leave the Web Site via a link contained herein, and view content that is not provided by the PDAC, User does so at User’s own risk and it is User’s responsibility to take all protective measures to guard against viruses and other destructive elements. Links to other web sites or references to products, services or publications other than those of the PDAC are for convenience only, and should not be construed as an endorsement or approval of such web sites, products, publications or services by the PDAC.
2. User is granted a limited, nonexclusive right to create a hyperlink to the Web Site.  User agrees that if User links his/her website to the Web Site, User or User’s web site shall not (a) create frames around any part of the Web Site or use other techniques that alter the visual presentation of this Web Site; (b) imply that the PDAC is endorsing User or any other person, or User’s or such other person’s products or services; (c) without the prior written consent of the PDAC, imply an affiliation between User or any other person, or User’s or such other persons, products or services and the PDAC; (d) misrepresent the relationship of User or any other person with the PDAC or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about the PDAC or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate.
   

1. User agrees that the PDAC or the PDAC Representatives shall not have any responsibility or liability in connection with the Web Site, the Content, the Services or the User Modifications to User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including, without limitation, damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the Web Site, the Services, the Content, the User Modifications, any content of any linked site, or failure of such sites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites) even if the PDAC or any PDAC Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
   

1. User will indemnify and hold PDAC or the PDAC Representatives (the "INDEMNIFIED PARTIES") harmless from any breach of the Terms and Conditions by User, including any use of the Content or User Modifications other than as expressly authorized in the Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use or modification, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
   

1. User is responsible for maintaining the confidentiality of User’s account number and/or password. User is responsible for all uses of User’s account, whether or not actually or expressly authorized by User.

Communications and Submissions (solicited and unsolicited)

1. All information that User provides through the Web Site or in connection with any Service, must be true, accurate, current and complete, and where applicable, must be updated by User promptly upon the occurrence of any change in such information.
2. The PDAC and its service providers will rely on the information User provides. User will be responsible for any and all loss, damage, or additional costs that User, the PDAC or its service providers or others may incur as a result of User’s submission of any false, incorrect or incomplete information or User’s failure to update his/her registration or other information that he/she submits via the Web Site.
3. Subject to any applicable law and the requirements of the PDAC Privacy Policy, any communications sent by or to User via this Web Site or the PDAC, whether solicited by the PDAC or otherwise, are on a non-confidential basis (other than personal information which is covered under the PDAC Privacy Policy), and the PDAC shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. User agrees to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and User hereby waives such moral rights in favour of the PDAC as well as the right to receive any financial or other consideration in connection with such communication.
4. If User sends any unsolicited idea, suggestion or other material (“SUBMISSIONS”) to the PDAC or the Web Site, User automatically grant to the PDAC and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to User or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the PDAC or its successors or assigns, and User agrees, represent and warrant that User shall waive all moral rights (including the right to be associated with the Submission) in the Submissions upon their submission to the PDAC or this Web Site.
5. Where any part of the Web Site involves user posted materials, including without limitation a discussion forum, chat room or message board, the PDAC is not obliged to monitor, screen, police or edit the use of the Web Site or the Services, including postings of materials to this Web Site, although the PDAC reserves the right to do so in its sole discretion.  The PDAC will take whatever response it considers appropriate, in its sole discretion, if the PDAC becomes aware of any inappropriate uses of the Web Site or Services, including without limitation uses that constitute copyright infringement.

1. The PDAC respects Users’ right to privacy. The PDAC may disclose to third parties in aggregated form information obtained from User during the initial signup process and during subsequent data collection activities, but PDAC will not disclose during the normal course of our business information that would serve to uniquely identify an individual member.
2. All information that the PDAC may collect via this Web Site or the Services about User during User’s visit to the Web Site, is subject to the PDAC's Privacy Policy, which is incorporated by reference into the Terms and Conditions and can be viewed on the privacy policy page.

Jurisdiction

1. The Web Site is hosted on servers residing in Ontario, Canada, and this Web site is controlled by the PDAC from the Province of Ontario, Canada.  By accessing this Web site, User agrees that this agreement is formed in the Province of Ontario, Canada, and that all matters relating hereto shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principals thereof.
2. Any dispute between the PDAC and User or any other person arising from, in connection with or relating to the Web Site, the Content or the Services, the Terms and Conditions, any transaction through the Web Site or any related matter must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and User hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

Termination of Use

1. If User breaches any provision of the Terms and Conditions, then User may no longer use this Web Site or the applicable Contents or Services that are made available through this Web Site.  The PDAC, in its discretion, shall determine whether the Terms and Conditions have been violated.
2. The PDAC or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately:  (i) suspend or terminate (in whole or in part) User’s authorization to use this Web Site and/or the Services; (ii) suspend, terminate, remove or permanently delete and destroy any user ID, password, URL, IP address or domain name, or any material that User or others may have posted or submitted to this Web Site and/or the Services; (iii) restrict access to the materials posted or submitted to this Web Site and/or the Services; and (iv) bar User from any future use of this Web Site and/or the Services; all without any prior notice or any liability to User or any other person. 

Notices

1. Notices or communications to the PDAC in connection with the Terms and Conditions must be in writing and must be sent to the PDAC by courier or regular pre-paid post to the PDAC’s address below.
2. Notices to User from the PDAC may be sent by either email to the email address supplied by User to the PDAC or by courier or regular pre-paid post to the postal address supplied by User to The PDAC.  Notices will be deemed to be received upon the earlier of: (a) two business days after deposit with a nationally recognized overnight courier; (b) ten business days after deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down or other labour dispute which affects the delivery of a notice by mail then it will be deemed to be received by the receiving party at the actual time of delivery; or (c) in the case of e-mail notices to User, on the next business day after the e-mail was sent.
3. If User has any questions regarding these Terms and Conditions, please contact us at:
   
   Prospectors and Developers Association Of Canada
   Attention: Bernarda Elizalde
   Phone: 416 362 1969 ext 289
   Fax: 416 362 0101
   Email: belizalde@pdac.ca

Other

1. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The PDAC’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.  User and the PDAC are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Terms and Conditions or use of the Web Site, any Service or Content by User.
2. The Terms and Conditions constitute the entire agreement between the PDAC and User with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between the PDAC or its partners and User with respect to this subject matter.  
3. The provisions of the Terms and Conditions will enure to the benefit of and be binding upon the PDAC and its service providers and their respective successors and assigns, and User and User’s Name

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