Legal Notice
General
The terms and conditions of use (“Terms of Use”) set forth herein apply to the web site and web pages owned, operated, licensed, and/or controlled by Computer Modelling Group Ltd. (“CMG”, “We”), the main homepage of which is located at www.cmgl.ca (the “Website”).
Terms of Use
By using, accessing or browsing through this Website you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Website. Please note that CMG reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the following URL www.cmgl.ca to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.
Information contained in the CMG Website is for information purposes only. The Website and the information (including changes to the terms herein) may be changed or updated from time to time without notice. In consideration for using the Website, the visitor agrees to hold CMG and its affiliates and subsidiaries, and their respective directors, officers, employees and agents harmless against any claims for damages or costs or any loss of any kind arising out of the access to or use of this website or any information contained in or obtained through this website. As visitors access this website on a server in Alberta, Canada, the information contained in this website is deemed to be provided in Alberta and is subject to Alberta law and the laws of Canada applicable therein. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws and import and export laws.
Disclaimer of Warranty
The materials and content in this web site are provided on an “as is” and “as available” basis without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law. CMG disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, infringement and fitness for a particular purpose.
CMG does not warrant that the materials and content displayed or otherwise available in this web site will be accurate, complete, reliable, current, uninterrupted or error-free, or that this web site or the server(s) that makes this website available are free of viruses or other harmful components.
CMG does not warrant or make any representations regarding the use or the results of the use of the materials or content in this web site in terms of their correctness, accuracy, reliability, or otherwise. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of or reliance upon the web site and/or any of the materials.
Some jurisdictions do not allow the exclusion of certain implied warranties. Accordingly, some of the above limitations may not apply to you.
Forward-Looking Statements
This website may contain forward-looking statements related to expected future events and financial results of CMG. These forward-looking statements are based on current expectations and projections that involve a number of assumptions and are subject to numerous risks and uncertainties, certain of which are beyond CMG’s control. As a result, CMG’s actual results, performance or achievements could differ materially from those expressed in, or implied by, these forward-looking statements. Accordingly, no assurance can be given that any events anticipated by the forward-looking statements will transpire or occur. The reader is also cautioned that historical results are not necessarily indicative of future performance. CMG does not intend, and does not assume any obligation, to update or revise these forward-looking statements except as required by applicable securities laws.
Restrictions on Use of Content and Materials
All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Website or available through it (“Resources”) are the property of CMG or its licensors, which retains all rights, title and interests in and to such Resources and all intellectual property rights relating thereto, including, without limitations, all copyright, patent, trademarks, logos, design rights and any other proprietary rights.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website. You agree not to infringe upon all the above rights.
Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Resources or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Resources or modify or create any derivative works of the Resources or documentation.
Modification of the Resources or use of the Resources for any other purpose, including, without limitations, the use of Resources on any other web site or networked computer environment is strictly prohibited, and will be deemed a violation of the CMG copyright and other proprietary (including intellectual property) rights.
Downloads: Some areas of the Website may include downloadable Resources. You must treat such materials as follows: unless otherwise specified under these Terms of Use or under the Website, you may download one copy of the Resources on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
CMG Software
Any CMG software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Website is licensed to you by CMG for your personal, non-commercial use, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble, or create derivative works from any Software.
Patents
Without limiting any of the foregoing or hereunder, CMG’s or any of its licensors’ or affiliates’ products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secrets and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and CMG and/or its licensors and/or affiliates reserves all such rights.
Intellectual Property Infringement Policy
CMG is committed to protecting the rights of copyright holders, and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Website should be addressed to: CMG-IT.
By posting software or other content to this site, you warrant to CMG (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.
CMG will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, CMG will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CMG will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or content. We undertake no duty to determine the currency, operability or fitness for any particular purpose of any shareware software posted to this Website.
Trademarks
Without limiting any of the foregoing or hereunder, Computer Modelling Group Ltd., CMG, CMG logo, STARS, IMEX, GEM, CMOST, CoFlow, Builder, Results, WinProp, FlexWell, iSegWell as well as other names and marks so notified in the Website are trademarks or marks of Computer Modelling Group Ltd. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by CMG and/or respective holders. You may use CMG Marks or product names to refer to CMG products and services, provided you follow the following guidelines whenever CMG marks appear:
Content, Products and Services Information
All content available through the Website, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Website. Specifications for products and services are subject to change without notice, and CMG reserves the right to make changes without notice to processing, materials or configuration.
You acknowledge that use of any and all data and materials available through the web site or through any software or products made available therefrom shall be made at your sole risk and depends solely on your own judgment, interpretation and consideration, and you shall be solely responsible in connection with any such use and in connection with any decisions based upon interpretations, recommendations and reservoir descriptions derived from such use, including but not limited to matters of policy affecting any drillings, completion, well treatment, production or other financial decisions and matters involving any risk to safety of any drilling venture, drilling rig or it’s crew.
All information and Materials on the Website or made available therefrom are subject to the Disclaimer of Warranty section.
Privacy
Anonymous Information: Information submitted by your computer system(s) while accessing our internet services may be gathered by CMG as part of standard business practices. This information may be shared with third parties such as business partners or other internal CMG groups and other approved agencies or entities. The information submitted will not be sold or shared with third party marketing firms.
Such information may be collected for example through “traffic data” and may entail the use of cookies, IP addresses, submitted data or other numeric codes used to identify a computer. Subject to applicable laws and regulations, we reserve the right to inspect and monitor network usage without notice to the User.
Personally Identifiable Information: CMG may gather personally identifiable information about you, ONLY if you voluntarily choose to provide it yourself (for example: while submitting certain forms in or through the Website). Such information may include (for example) your: first name, last name, email address, company, area of interest, address, phone number and any other information which you choose to provide.
Personally identifiable information collected may be used to provide users, upon request, with further information, assistance, support and updates with regards to CMG products, technology, etc.
Modification and Deletion of Personally Identifiable Information:
Deletion: In order to delete the personally identifiable information you submitted, notify us, to CMG-IT that you wish to delete your personally identifiable information contained in our databases.
Modification: If you wish to modify or update your personally identifiable information, please send us your updated details to CMG-IT. Please note that deletion of your personally identifiable information from CMG databases will not prevent CMG from using gathered anonymous information.
Third Parties’ Practices: This section does not cover the information practices exercised by other providers of products or services, advertisers or other web sites, or companies/people that CMG does not own or control, or does not employ or manage. CMG would like to emphasize that CMG is not and cannot be responsible for the content or the privacy policies of Web sites to which it may link or Web sites that link to the CMG Website.
Linking to Website
Unless you have a written agreement in effect with CMG which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that CMG is affiliated with any person or entity, or that CMG otherwise endorses, sponsors or is affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with the CMG name and trademarks; (c) all links to the Website must “point” to the URL “www.cmgl.ca” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking web site, or any other Website.
Without limiting any of the above, CMG reserves the right to revoke its above consent to the providing of any link to the Web Site, at any time in its sole discretion
Limitation of Liability
Under no circumstances whatsoever will CMG, even if advised of the possibility of such damages, be responsible or liable to you or to any other entity for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of the web site, or reliance on any of the materials )including but not limited to any stock quotes which may appear in the web site) or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by CMG.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify and hold CMG and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.
Third Party Content
To the extent that the Website contain links to outside services and resources, CMG does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of CMG.
No Endorsement
No reference made in this Website to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of CMG, constitute or imply an endorsement, recommendation or favouring by CMG. CMG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Website.
Right to Monitor, Shut Down, Deny or Limit Access
CMG reserves the right to monitor, shut down, deny and/or limit or revoke your access to this Website, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.
Reporting Abuses, Whistleblower Protection Policy
CMG recognizes the value of transparency and accountability in its administrative and management practices. In line with that commitment, and in accordance with Canadian regulations, CMG has a policy which encourages and enables its directors, officers, employees and consultants to raise any concerns regarding accounting, internal controls or auditing matters, free of any discrimination, retaliation or harassment.
If you have a complaint regarding accounting, internal accounting controls or auditing matters or a concern regarding questionable accounting or auditing matters, you should submit your written complaint or concern to the Chairman of the CMG Audit Committee, according to the guidelines in the policy.
Your submission should include a detailed description of the activity for which you have a complaint or concern and, if known, should specify the date(s) and location(s) of such activity. You may submit your complaint or concern anonymously.
All reports will be taken seriously and will be promptly investigated.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to these Terms
CMG reserves the right to change, modify, or update these Terms and Conditions of Use, at any time without notice. The date of the latest update is presented below.
Last updated: 09 July 2012
