Terms of Use
The following terms and conditions (“Terms of Use”) govern your access to and use of the interpipeline.com website, the https://heartland-customer-portal.powerappsportals.com/ website (the “HPC Portal”), and all related mobile apps, interactions with social media accounts, and software services (collectively, the “Platform”) operated by Inter Pipeline Ltd. (collectively with its subsidiaries, “Inter Pipeline” unless otherwise indicated), including any content, functionality and services offered on or through this Platform.
This Platform, these Terms of Use and the material on it may be changed or updated from time to time without notice. You may not interfere with the security of, or otherwise abuse, this Platform or any system resources, services or networks connected to or accessible through this Platform. You may only use this Platform for lawful purposes.
By using this Platform, you are also agreeing to indemnify and hold Inter Pipeline and its affiliates and associates, or their respective directors, officers, employees, agents, shareholders or advisors harmless from and against any and all claims, expenses, damages, costs or any losses of any kind arising out of your use or reliance upon this Platform or any Materials (defined below) contained in or obtained through this Platform.
No representation, warranty or undertaking, express or implied, is or will be made and no responsibility or liability is or will be accepted by Inter Pipeline, or any of their respective affiliates and associates, or their respective directors, officers, employees, agents, shareholders or advisors (collectively the “Disclaiming Parties”) as to, or in relation to, the accuracy, thoroughness or completeness of the information contained in this Platform, or any other information, errors therein or omissions therefrom. None of the Disclaiming Parties will have any responsibility or liability whatsoever in respect of the accuracy or completeness of, or omissions from, the Platform or any other document or information, written or oral, supplied at any time to any recipient of the Platform or in respect of any opinions, projections or other forward-looking statements expressed herein, therein or omitted therefrom. The Disclaiming Parties expressly disclaim any liability resulting from the use of the information contained in this Platform or otherwise supplied or resulting from the failure to supply additional information.
No Solicitation
The material contained in this Platform is for informational purposes only and is not intended as a solicitation or offering of securities in any jurisdiction. Material available in or through this Platform is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Inter Pipeline and should not be used for the purpose of making investment decisions concerning securities of Inter Pipeline. No securities commission or similar regulatory authority has passed on the merits of, endorsed or sponsored, or has made any recommendation regarding the securities of Inter Pipeline or the contents of this Platform. This Platform does not constitute an offer to sell or a solicitation of an offer to purchase securities under the securities law of any jurisdiction, including Canada and the United States of America, federal, state or provincial securities laws, or a solicitation to enter into any transaction. This Platform is not, and under no circumstances is to be construed as, a prospectus, a public offering or an offering memorandum as defined under applicable securities legislation. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SECURITY OF INTER PIPELINE OR THE CONTENTS OF THIS PLATFORM. You may obtain printed copies of the official versions of public disclosure documents from the investor relations department of Inter Pipeline.
Forward Looking Statements
Certain information contained in this Platform constitutes forward-looking statements and information (collectively, “forward-looking statements”) within the meaning of applicable securities legislation that involve known and unknown risks, assumptions, uncertainties and other factors. Forward-looking statements often contain terms such as “may”, “will”, “should”, “anticipate”, “expects” and similar expressions. Users are cautioned not to place undue reliance on forward-looking statements. Such statements reflect the current views of Inter Pipeline with respect to future events and are subject to certain risks, uncertainties and assumptions that could cause Inter Pipeline’s results to differ materially from those expressed in the forward-looking statements. In particular, but without limiting the foregoing, this Platform contains forward-looking statements pertaining to, and Inter Pipeline has made certain assumptions regarding, among other things: its business, strategies, projections, forecasts and plans. Factors that could cause actual results to vary from forward-looking statements or may affect the operations, performance, development and results of Inter Pipeline’s businesses include, among other things, risks and assumptions associated with operations, such as Inter Pipeline’s ability to successfully implement its strategic initiatives and achieve expected benefits therefrom, including: the further development of its projects and facilities; assumptions concerning operational reliability; the potential delays of and increased costs of construction projects (including the Heartland Petrochemical Complex) and future expansions of Inter Pipeline’s assets; the realization of the anticipated benefits of acquisitions and other projects Inter Pipeline is developing; the timing, financing and completion of acquisitions, transactions or other projects Inter Pipeline is pursuing; risks inherent in Inter Pipeline’s Canadian and foreign operations; risks associated with the failure to finalize formal agreements with counterparties in circumstances where letters of intent or similar agreements have been executed and announced by Inter Pipeline; Inter Pipeline’s ability to generate sufficient cash flow from operations to meet its current and future obligations; Inter Pipeline’s ability to maintain its current level of cash dividends to its shareholders; Inter Pipeline’s ability to access sources of debt and equity capital; Inter Pipeline’s ability to make capital investments and the amounts of capital investments; Inter Pipeline’s ability to maintain its credit ratings; the availability and price of labour, equipment and construction materials; the status, credit risk and continued existence of counterparties having contracts with Inter Pipeline and its affiliates and their performance of such contracts; competitive factors, pricing pressures and supply and demand in the oil and gas transportation, natural gas liquids processing and bulk liquid storage industries; increases in maintenance, operating or financing costs; availability of adequate levels of insurance; difficulty in obtaining necessary regulatory approvals or land access rights and maintenance of support of such approvals and rights; risks of war, hostilities, civil insurrection, instability and political and economic conditions in or affecting countries in which Inter Pipeline and its affiliates operate; severe weather conditions and risks related to climate change; terrorist threats; risks associated with technology and cyber security; availability of energy commodities; volatility of and assumptions regarding prices of energy commodities; fluctuations in currency and interest rates; changes in laws and regulations, including environmental, regulatory and taxation laws, and the interpretation of such changes to Inter Pipeline’s business; the risks associated with existing and potential or threatened future lawsuits and regulatory actions against Inter Pipeline and its affiliates; general economic and business conditions; the effects and impacts of the COVID-19 pandemic as further described in Inter Pipeline’s reports and filings, the extent and duration of which are uncertain at this time, on Inter Pipeline’s business and general economic and business conditions and markets, and such other risk factors, assumptions and uncertainties described from time to time in Inter Pipeline’s reports and filings with the Canadian securities regulatory authorities including in Inter Pipeline’s most recent MD&A and Annual Information Form, and other documents it files from time to time. You can find these documents by referring to Inter Pipeline’s profile on SEDAR (www.sedar.com). Such information, although considered reasonable by Inter Pipeline at the time of preparation, may later prove to be incorrect and actual results may differ materially from those anticipated in the statements made. For this purpose, any statements that are not statements of historical fact are deemed to be forward-looking statements.
The forward-looking statements on this Platform are made as of the date made or expressly stated, as the case may be, and, except to the extent expressly required by applicable securities laws and regulations, Inter Pipeline assumes no obligation to update or revise forward-looking statements made herein or otherwise, whether as a result of new information, future events, or otherwise. The forward-looking statements contained on this Platform and all subsequent forward-looking statements, whether written or oral, attributable to Inter Pipeline or persons acting on Inter Pipeline’s behalf are expressly qualified in their entirety by these cautionary statements.
Currency of This Site
You have chosen to access this Platform and the Materials. This Platform and the Materials, including for certainty, the information contained herein and therein, are believed to be correct and are offered in good faith by Inter Pipeline. Inter Pipeline cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of this Platform or the Materials. Inter Pipeline may revise, supplement or delete any Materials, information, services and/or other resources contained in this Platform from time to time and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform: in any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries); to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; or, to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Inter Pipeline or users of the Platform or expose them to liability.
Platform and Materials Provided “As Is”
THIS PLATFORM, THE MATERIALS, AND ANY SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. INTER PIPELINE DOES NOT REPRESENT OR WARRANT THAT THIS PLATFORM, THE MATERIALS, OR ANY SERVICES PROVIED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.
Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS PLATFORM AND THE MATERIALS, INCLUDING,
WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL INTER PIPELINE, OR ANY OF ITS AFFILIATES, ASSOCIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SECURITYHOLDERS, OR PARTNERS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES TO TANGIBLE PROPERTY, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RESULTING OR ARISING IN ANY MANNER FROM THESE TERMS OF USE OR THE USE, MISUSE OR INABILITY TO USE, RELIANCE UPON, ACCESS TO, OR OTHER EXPLOITATION OF THIS PLATFORM, ANY LINKED WEBSITES , THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER OR ANY LINKED WEBSITES, ANY INACCURACY OR OMISSION HEREIN OR THEREIN OR FAILURE TO KEEP SAME CURRENT, ANY INTERNET SOFTWARE OR SOFTWARE ALGORITHMS USED IN CONNECTION HEREWITH OR THEREWITH OR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS ENCOUNTERED AS A RESULT OF YOUR INTERACTIONS WITH THIS PLATFORM, ANY LINKED WEBSITES, THE MATERIALS OR ANY PART THEREOF AND ANY OTHER MATTER IN ANY WAY CONNECTED HERETO OR THERETO WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL THEORY, AND WHETHER OR NOT INTER PIPELINE IS ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, EXPENSES, DAMAGES, COSTS OR LOSSES.
IN ANY EVENT, INTER PIPELINE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR RELATED TO THE USE, MISUSE OR INABILITY TO USE, RELIANCE UPON, ACCESS TO, OR OTHER EXPLOITATION OF THIS PLATFORM, THE MATERIALS OR ANY PART THEREOF IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING LEGAL NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Other Websites
Certain links on this Platform lead to resources and web pages maintained by third parties over whom Inter Pipeline has no control. As such, Inter Pipeline makes no representation or warranty as to the accuracy or any other aspect of the information contained on such resources and web pages. This Platform is not sponsored in conjunction with or associated with any particular linked entity (other than those identified as being Inter Pipeline’s affiliated companies) and the existence of any particular link is simply intended to imply potential interest to the user.
Internet Software or Computer Viruses
Due to technical difficulties inherent in the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of materials contained on this Platform when displayed or downloaded onto your computer.
Computer viruses or other destructive programs may also be inadvertently downloaded from the Platform. Inter Pipeline 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 Platform or your downloading of any of the Materials from this Platform. Inter Pipeline recommends that you install appropriate anti-virus or other protective software.
Providing Information to Us
Please feel free to communicate with us via this Platform; however, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Inter Pipeline is not liable for any damages related to communications to or from this Platform. You agree with respect to any information or material provided by you to us through this Platform or via e-mail that Inter Pipeline has no obligation of any kind concerning such information or materials; the information and material is non-confidential; Inter Pipeline may use, disclose, distribute, copy or reproduce the information and material and shall be free to use any ideas, concepts, know-how or techniques of any kind contained in the information material for any purpose; and the information and material is truthful, legal and does not violate the legal rights of others.
Applicable Law
This Platform is controlled, operated and administered by Inter Pipeline from within the Province of Alberta, Canada. This Platform 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 the Province of Alberta, by accessing this Platform, you acknowledge and agree that all matters relating to access to or use of this Platform shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
If you access this Platform from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Intellectual Property
All materials (including the organization and presentation of such material) on this Platform (the “Materials”) are the property of Inter Pipeline and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. Any reproduction, publication, broadcast, or posting of the Materials by you for your own benefit is prohibited, unless you obtain prior written approval from Inter Pipeline. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with Inter Pipeline, any other use of these Materials without Inter Pipeline’s written permission is prohibited.
Some articles contained herein may have been reprinted by Inter Pipeline with permission from the original source. Inter Pipeline has no authority to extend its reprint permission to you, and your reproduction, without previously obtaining the original source’s approval, is prohibited.
Confidentiality
Materials which you access, or which are provided to you, through the HPC Portal (“HPC Materials”) are confidential information of Inter Pipeline. You agree to keep all HPC Materials in strict confidence and, except as expressly permitted by Inter Pipeline under a written agreement: (a) you will not disclose, either directly or indirectly, any HPC Materials to any third party, and (b) you will not use any HPC Materials in any manner whatsoever. You must take sufficient precautions to prevent the unauthorized access, use or disclosure of any HPC Materials in your possession or control.
Complete Agreement
These terms and conditions represent the entire agreement between you and Inter Pipeline regarding access to and use of the Platform and the information contained therein. Inter Pipeline may revise and update the Platform and the information thereon from time to time. Please periodically review these terms and conditions. Your continued usage of this Platform will mean that you accept such changes.
General
Inter Pipeline’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.
