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Please read the following terms and
conditions of use (the “Terms of Use”) carefully before using
the www.ivernia.com web site (the “Site”). By using or accessing
the Site, you acknowledge that you have read the Terms of Use
and that you accept and will be bound by the Terms of Use. If
you do not agree to the Terms of Use, do not use the Site.
The Terms of Use may be amended from time
to time without notice. Accordingly, you should periodically
revisit the Site to review the then-current Terms of Use
governing your use of the Site.
References to the “Company” in the Terms of
Use include Ivernia Inc. and all of its subsidiaries, affiliates
and related companies.
Proprietary Rights
The Site, its organization and design, and all information,
images, artwork, text, video, audio, pictures and other
materials on the Site (collectively the “Content”) are protected
by copyright and other proprietary rights, all of which are
owned by the Company. You may download information from the Site
for your personal, non-commercial viewing, but you may not,
directly or indirectly, otherwise copy, reproduce, republish,
post, transmit, display, frame in another web page, perform,
distribute, modify or create derivative works from the Content
without the Company’s prior written approval. You do not acquire
ownership rights to any Content by accessing or using the Site,
and the Company’s posting of Content on the site does not
constitute a waiver of any right in or to such Content.
The Company owns its logo, and all other
Company trade-marks and trade names appearing on the Site.
Unless otherwise indicated, all other trade-marks appearing on
the Site are owned by third parties and are used by the Company
under licence.
Disclaimers
This Site and its Content are provided “as is” and “as
available”. The Content is believed to be accurate when it was
posted on this site. However, the Content may not be accurate,
complete or current. To the fullest extent permissible under
applicable law, the Company disclaims all representation and
warranties, whether express, implied or statutory (including
without limitation any warranties of merchantability, fitness
for a particular purpose, accuracy and non-infringement). The
Company does not represent or warrant that functions contained
in the Site will be uninterrupted or error-free, that defects
will be corrected, or that the Site or the server that makes it
available is free of viruses or other harmful components.
The information and Content contained on
the Site is prepared by the Company and is believed to be
accurate, but has not been independently audited or verified and
is provided for informational purposes only. This information
and Content is not to be construed as an offer or as a
recommendation to buy or sell securities in any jurisdiction.
The Company does not warrant or make any representations
regarding the use or the results of the use of any Content in
terms of completeness, correctness, accuracy, reliability,
usefulness, timeliness, reliability or otherwise. The
information and other Content on the Site is not meant to
modify, qualify, supplement or amend information disclosed by or
on behalf of the Company under corporate, securities or other
legislation in any jurisdiction, and should not be used to make
investment decisions involving the Company’s securities.
You acknowledge that your access to and use
of the Site and the Content will not be free of interruptions,
that the Site and the Content may contain bugs, errors,
inaccuracies or other limitations, and that the Site may be
unavailable from time to time. You assume total responsibility
and risk for your access to and use of the Site and the Content.
Limitation of Liability
The Company and its officers, directors, employees and
representatives will not be liable to you or any other party for
any damages of any kind including, without limitation, indirect,
special, consequential or incidental damages, lost profits,
business interruption or other damages arising directly or
indirectly from your use of the Site or the Content, including
without limitation your use or reliance on any information or
other Content contained on the Site; any inaccuracy or omission
in any information or other Content contained on the Site; your
use of or reliance on any third-party websites linked to the
Site.
Forward-Looking Statements
Certain statements contained in this press release constitute
forward-looking information within the meaning of securities
laws. All statements included herein (other than statements of
historical facts) which address activities, events or
developments that management anticipates will or may occur in
the future are forward-looking statements, including statements
as to the following: the duration of the suspension of the
Company’s mining and milling operations, the possibility of
legal or regulatory action (and any resulting costs or
liabilities) which may be taken in connection with the matters
investigated by the government of Western Australia relating to
the suspension of mining operations, the estimated timing to
recommence lead shipments from the Magellan Mine, future targets
and estimates for production, capital expenditures, operating
costs, cash costs, mineral resources and ore reserves, recovery
rates, grades and prices; business strategies and measures to
implement such strategies; competitive strengths; estimated
goals and plans for Ivernia’s future business operations; and
other such matters. Forward-looking statements are often,
but not always, identified by the use of words such as ‘‘seek’’,
‘‘anticipate’’, ‘‘contemplate’’, ‘‘target’’, ‘‘believe’’,
‘‘plan’’, ‘‘estimate’’, ‘‘expect’’, and ‘‘intend’’ and
statements that an event or result ‘‘may’’, ‘‘will’’, ‘‘can’’,
‘‘should’’, ‘‘could’’ or ‘‘might’’ occur or be achieved and
other similar expressions. These statements are based upon
certain reasonable factors, assumptions and analyses made by
management in light of its experience and perception of
historical trends, current conditions and expected future
developments, as well as other factors management believes are
appropriate in the circumstances. However, whether actual
results and developments will conform with management’s
expectations is subject to a number of risks and uncertainties,
including factors underlying management’s assumptions such as
the duration of the suspension of mining and milling operations,
metal price volatility, lead carbonate concentrate treatment
charges, exchange rates, regulatory proceeding and litigation,
single mineral property, resources and reserves, health and
safety, environmental factors, mining risks, metallurgy, labour
and employment regulations, government regulations, insurance,
refinancing risk, dependence on key personnel, constraints on
cash flow and nature of mineral exploration and development.
Additional factors and considerations are described in the
Company’s Annual Information Form dated as of March 31, 2009
under “Description of the Business of the Company – Doing
Business in Australia” and elsewhere in this press release and
in other documents filed from time to time by Ivernia with
Canadian securities regulatory authorities. While Ivernia
considers these assumptions to be reasonable based on
information currently available to it, they may prove to be
incorrect. These factors may cause the actual results of the
Company to differ materially from those discussed in the
forward-looking statements, and there can be no assurance that
the actual results or developments anticipated by management
will be realized or, even if substantially realized, that they
will have the expected results on the Company. Undue importance
should not be placed on forward-looking information nor should
reliance be placed upon this information as of any other date.
Except as required by law, while it may elect to, Ivernia is
under no obligation and does not undertake to update this
information at any particular time.
Cautionary Note to US Investors
The United States Securities and Exchange Commission (“SEC”)
permits mining companies, in their SEC filings, to disclose only
those mineral deposits that a company can economically and
legally extract or produce. The Company may use certain terms in
its publications or in the Content such as “resources” or
“possible ore reserves” that SEC guidelines strictly prohibit
U.S. companies from including in filings with the SEC. In
addition, the Company’s publications and the Content may include
information about adjacent properties on which the Company has
no right to explore or mine. The Company advises U.S. investors
that the SEC’s mining guidelines strictly prohibit information
of this type in documents filed by U.S. companies with the SEC.
U.S. investors are cautioned that mineral deposits on adjacent
properties are not indicative of mineral deposits on the
Company’s properties.
Stock Quotes
All stock price quotes and historical stock price data on the
site are provided by third parties, are for informational
purposes only, and are not intended for trading purposes. If you
are contemplating trading in the Company’s securities, the
Company strongly advises that you obtain independent
professional advice (including independent legal and financial
advice from qualified advisors) before making any investment
decision. The Company makes no representation or warranty
regarding the timeliness, accuracy or completeness of any stock
price quotes or historical stock price data and has not taken
any steps to verify the adequacy, timeliness, accuracy or
completeness of the information on the Site.
Security and Viruses
E-mail communications between you and the Company may not be
secure. We suggest that you encrypt all e-mail to increase the
security of your communications with the Company.
The Company has taken precautions to ensure
that the Site is free of computer viruses. Nevertheless, you
should install and maintain appropriate anti-virus and other
protective software. Without limiting any other wording in these
Terms of Use, the Company disclaims any and all liability for
any computer viruses or other harmful or destructive programs
that you may download from the Site.
Privacy
The Company respects your personal privacy. You may use the Site
without providing any personal information about yourself other
than such personal information as you may specifically and
knowingly provide. If the Company asks you to provide any
personal information, the Company will tell you the purposes for
which the Company intends to use that information. The Company
will not collect, use, or disclose that information without your
consent, and the Company will not use or disclose that
information for any other purposes without your consent.
The Company does collect and maintain
statistics relating to the number of visits to the Site, the
types of browsers used to access the Site, and the Internet
Protocol addresses of Computers accessing the Site. This
information is only used for internal purposes.
Linking
The sites that are linked from the Sites are not under the
Company’s control, and the Company does not assume any
responsibility or liability for any communications or materials
available at or from those linked sites. The Company does not
investigate, monitor or check those websites for accuracy or
completeness. All links are provided for your convenience only;
they are not an endorsement or referral by the Company.
If you wish to provide a link to the Site
from your website, you may only link to the Company’s home page
at www.newgold.com. You may not use any of the Company’s icons
or logos on your website without the Company’s express written
consent, and you may not use the link to suggest that the
Company sponsors, endorses, approves of, or is affiliated with,
you or your website.
Jurisdiction
These Terms of Use, your access to and use of the Site and the
Content, and any claims made at law or in equity against the
Company or its directors, officers, employees and
representatives, arising out of such access or use or otherwise,
will be governed by and construed and interpreted in accordance
with the applicable Canadian laws.
Other Agreements
If there is any conflict between the Terms of Use and any other
agreement between you or your business and the Company, the
latter agreements will prevail.
General
If any part of the Terms of Use is unlawful, void or
unenforceable, then that part is severable and will not affect
the validity and enforceability of the remaining Terms of Use.
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