ATCO Blue Flame Kitchen Website

TERMS OF USE, DISCLAIMER AND PROPRIETARY RIGHTS

TERMS OF USE

The following describes the terms under which you may access and use ATCO Blue Flame Kitchen's (a service provided by ATCO Ltd. "ATCO") website located at ATCOBlueFlameKitchen.com (the “ATCO Blue Flame Kitchen Website”) as well as use any information posted on the ATCO Blue Flame Kitchen Website.  By accessing the website, you are agreeing to be bound by the terms of this Agreement.  If you do not agree with the terms and conditions set out in this Agreement you may not access or use the ATCO Blue Flame Kitchen Website or any information contained on the ATCO Blue Flame Kitchen Website. 

The terms and conditions set out in this Agreement may be changed from time to time.  It is your responsibility to check for such changes.  If you do not agree with any amendment you must stop using and accessing the ATCO Blue Flame Kitchen Website.

LIMITED LICENSE

You are granted a limited license only to display and print information contained on the ATCO Blue Flame Kitchen Website for your own personal, non-commercial use.  You may not otherwise reproduce, modify, republish or disseminate any information contained on the ATCO Blue Flame Kitchen Website in any manner or form whatsoever.

NO WARRANTY

THE WEBSITE AND ALL INFORMATION CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK.  ATCO MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE.  THE SOFTWARE AND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  ATCO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN ITS SOFTWARE OR THE CONTENT OF THE WEBSITE.

ATCO does not guarantee and disclaims all liability for the quality, accuracy, completeness or timeliness of any information contained on the ATCO Blue Flame Kitchen Website.  ATCO makes no commitment and disclaims any duty to update any information contained on the ATCO Blue Flame Kitchen Website.  Any information contained on the ATCO Blue Flame Kitchen Website may be changed at anytime without notice.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL ATCO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE ATCO BLUE FLAME KITCHEN WEBSITE OR ANY USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE ATCO BLUE FLAME KITCHEN WEBSITE HOWEVER ARISING, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION ON CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF ATCO HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

IN ALL OTHER CIRCUMSTANCES ATCO'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).

External Links

Links to websites outside of the ATCO Blue Flame Kitchen Website are provided as a convenience only and are not part of the ATCO Blue Flame Kitchen Website.  No endorsement of any third party products or services, information, material or content referred to or included on, or linked from the ATCO Blue Flame Kitchen Website is expressed or implied. 

SECURITIES INFORMATION DISCLAIMER

No Securities Solicitation

Nothing on the ATCO Blue Flame Kitchen Website is intended to constitute a solicitation or an offer to buy or sell any security.

Securities Disclosure

Some of the continuous disclosure documents filed by ATCO with securities regulatory authorities in Canada may be listed on the ATCO Blue Flame Kitchen Website as a convenience only.  The ATCO Blue Flame Kitchen Website may not be the most current or complete source for these documents because:

a)      Current documents may not be posted;
b)      Not all documents that have been filed with securities regulatory authorities will be posted on the ATCO Blue Flame Kitchen Website; and
c)      When documents are posted to the ATCO Blue Flame Kitchen Website the documents or information contained in them may be lost or corrupted during such posting. 

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 THE MOST CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT HAVE BEEN FILED WITH THE SECURITIES REGULATORY AUTHORITIES.

Forward Looking Statements

Some of the documents filed by ATCO with the securities regulatory authorities may contain forward-looking statements under applicable securities law.  The reader is cautioned that the assumptions used in the preparation of these statements involve risks and uncertainties that may cause actual results to differ materially from the forward-looking statements. A full description of these risks and uncertainties may be found in ATCO’s continuous disclosure documents as filed with the securities regulatory authorities. 

Caution

Individual statements appearing in ATCO’s securities filings are intended to be read in conjunction with and in the context of the complete documents in which they appear, including any documents incorporated therein by reference thereto, rather than as stand-alone statements.  Further, these documents are not intended to be read in conjunction with any other material, including the content of the ATCO Blue Flame Kitchen Website.

Also note that the continuous disclosure documents are only current as of the date on which they are filed with the securities regulatory authority.

PROPRIETARY RIGHTS

Except as otherwise noted, the content, text, graphics and software located on or at the ATCO Blue Flame Kitchen Website are Copyright © 2000 - 2005 ATCO Ltd.

Certain words, phrases, names, designs or logos used on the ATCO Blue Flame Kitchen Website may constitute trademarks, service marks or trade names of ATCO or other entities.  Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.

GENERAL

This Agreement, the relationships between you and ATCO and the use of ATCO Blue Flame Kitchen’s Website and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws.  You agree that any legal action or proceeding between you and ATCO which in any way concerns this Agreement or the use of the ATCO Blue Flame Kitchen Website or any information contained thereon shall be brought exclusively in the courts of Alberta.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.  ATCO’s headquarters are in Alberta.

ATCO makes no representation that access to the ATCO Blue Flame Kitchen Website or that the information contained thereon is appropriate or legal in all jurisdictions.  You may not access the ATCO Blue Flame Kitchen 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.

All references herein to ATCO Blue Flame Kitchen shall be deemed to include any subsidiary, affiliate, associate or successor corporation of ATCO.