CALTEX RESOURCES TERMS OF USE

1. Introduction

The website www.caltexresources.com (the “Website”) is owned and operated by Caltex Resources Ltd. (“Caltex Resources”, “we”, “us”, “our”). These Terms of Use (“Terms’) apply to your access to and use of the Website and the services and communications offered on or through the Website.

These Terms incorporate Caltex Resources’ Privacy Policy, which explains how we handle your personal information. You can access the Privacy Policy here.

2. Acceptance of these Terms

Please read these Terms carefully. These Terms constitute a legal agreement between you and Caltex Resources. By accessing or using the Website or our services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your access to and use of the Website and our services. 

By accessing or using the Website or our services, you further confirm that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18).

3. Revisions to these Terms

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at https://caltexresources.com/terms-conditions/.  If we make any material changes we will notify you as required by law, but encourage you to check back often for updates. Your continued use of the Website and services after an update or amendment to these Terms means that you accept and agree to be bound by the Terms, as amended.

These Terms were last updated on January 18, 2021.

4. Linked Websites

The Website or services may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that Caltex Resources monitors or endorses these websites. Caltex Resources does not accept any responsibility for such websites. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Website. Your use of these third-party websites is at your own risk. Caltex resources shall not be responsible or liable, directly or indirectly, for any damage or loss, causes or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, or services available on or through any third party website or linked resources. 

5. Restrictions and Code of Conduct

If you do not agree to these Terms, you may not be entitled to access or use our Website or our services. You agree at all times to: (i) provide accurate, current and complete information about yourself; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. 

You must not provide information that is inaccurate or impersonates any other person, including but not limited to, any Caltex Resources employees or other users. In addition, you must not provide information that is deliberately confusing, or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements specified in these Terms. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions.

You agree that you will not attempt, nor permit any third party to, enter restricted areas of Caltex Resources’ computer systems or perform functions that you are not authorized to perform pursuant to these Terms. While using the Website or our services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website and our services. Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms.

6. Availability and Currency of the Website 

While we endeavour to keep downtime to a minimum, we cannot promise that the Website or the availability of our services will be uninterrupted, secure, or error-free. You shall not be entitled to any payment of any kind for interruption or the Website or the availability of our services. 

Caltex Resources may revise, supplement or delete information, services and/or the resources contained on and through the Website and in connection with our services and reserves the right to make such changes without prior notification to past, current or prospective visitors. Caltex Resources does not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Website.

7. Internet Software or Computer Viruses

Due to technical issues with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website and our services. Due to our ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Caltex Resources recommends that you install appropriate anti-virus and other protective software. Caltex Resources shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may inflect or otherwise impact your use of your computer equipment or other property on account of your access to or use of the Website or our services or your downloading of any Content from on or through our Website. 

8. Ownership of Content

Except for public domain material and the personal information you submit to the Website (including your personal information), all  trademarks, logos, content, information, documents, materials, and intellectual property on and/or forming part of our Website or our services, from time-to-time (the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Caltex Resources, its affiliates or its licensors. All rights not expressly granted to you in these Terms are reserved. Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sublicense, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

9. Limitation of Liability and Disclaimer

THE WEBSITE, SERVICES, CONTENT AND ALL OF THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THE WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. CALTEX RESOURCES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE. CALTEX RESOURCES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, CONTENT OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, SERVICES, CONTENT AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.  

IN NO EVENT SHALL CALTEX RESOURCES OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PARTNERS, AGENTS, EMPLOYEES, STAFF, CONTRACTORS, SUCCESSORS, LICENSEES OR ASSIGNS (THE “CALTEX RESOURCES PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF INFORMATION), ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, SERVICES, CONTENT, MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE CALTEX RESOURCES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISCONDUCT), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

IN EVERY EVENT, THE CALTEX RESOURCES PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR IN CONNECTION WITH THE USE OR EXPLOITATION OF ANY OR ALL OF THE WEBSITE, SERVICES, CONTENT OR MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.    

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CALTEX RESOURCES PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND LEGAL FEES AND EXPENSES INCURRED BY THE CALTEX RESOURCES PARTIES AS A RESULT OF, RELATING TO OR IN CONNECTION WITH ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST ANY OR ALL OF THE CALTEX RESOURCES PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR SERVICES; (2) YOUR BREACH OF ANY OF THE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, PROPRIETARY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER MATERIALS CAUSED DAMAGE TO, INFRINGED OR VIOLATED THE RIGHTS OF A CALTEX RESOURCES PARTY OR TO A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE OR OUR SERVICES; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR OTHER INFORMATION IN CONNECTION WITH THE USE OF THE WEBSITE, SERVICES, CONTENT OR MATERIALS.

11. Governing Law

These Terms and your use of our Website and Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.

12. Term and Termination

Caltex Resources may, at its sole discretion, at any time and from time to time, without notice, suspend or terminate your subscription to any or all of our services or your right to use the Website.  Upon termination of your subscription and/or your right to use the Website or your use of any of our services, you shall immediately cease and desist from all use of the Website and our services.

13. Miscellaneous

These Terms are not assignable, transferable or sub-licensable by you except with Caltex Resources’ prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you. No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

14. Questions

If you have any questions, concerns or suggestions regarding the Website, our services, or the Content, please contact us at: info@caltexresources.com or 403-444-9580.