1. USE OF THE WEBSITE. You may access and use the Website solely for lawful purposes and only in accordance with the terms of this Agreement, t including applicable export control laws and regulations. Sunshine reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Website with or without notice.
3. TERM AND TERMINATION. This Agreement will be effective on the date You first use the Website and will continue until terminated. Sunshine may terminate this Agreement immediately, for any reason or no reason, and may also suspend Your use of the Website at any time and for any reason.
4. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content available on the Website or provided from or through the Website (collectively, “Website Content”) are protected by the Intellectual Property Rights of Sunshine and its partners, affiliates, and licensors (“Affiliates”). Unless otherwise noted on the Website, as between You, Sunshine and its Affiliates, all Website Content is owned by Sunshine and its Affiliates. Your access to and use of any Website Content is also subject to any license that You may enter into relating to that Website Content (a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, in or to the Website or Website Content, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Website or Website Content without the prior written permission of Sunshine. Please be advised that any Website Content, documents or other communications that You transmit to Sunshine via this Website will be considered non-confidential and non-proprietary, and You agree that Sunshine will have no obligation of any kind related to such Communications.
5. Unless otherwise labeled, all trademarks, tradenames, service marks, logos, banners, and page headers displayed on the Website (collectively, the “Marks”) are the property of Sunshine and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Sunshine.
6. CLAIMS OF INFRINGEMENT. Sunshine respects the intellectual property rights of users of the Website and other third parties. If You believe that Your copyrighted work has been reproduced on the Website in violation of applicable copyright laws, You may notify our designated copyright agent by mail to: Sunshine Silver Mining & Refining Company
Attn: Copyright Infringement Agent
1660 Lincoln Street, Suite 2750
Denver Colorado 80264
Your notice should include the following information:
- The identity of the infringed work, and of the allegedly infringing work;
- Your name, daytime phone number, and e mail address, if available;
- Your certification of your good-faith belief that the use of the copyrighted work is unauthorized and that you are or are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
7.DISCLAIMER AND LIMITATION OF LIABILITY.
7.1 Disclaimer. THE WEBSITE AND ALL ACCESS TO YOUR ACCOUNT AND THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED BY SUNSHINE “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER SUNSHINE NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE WEBSITE. YOU UNDERSTAND THAT BY USING T HE WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL SUNSHINE BE LIABLE IN ANY WAY FOR ANY
SOFTWARE OR CONTENT PROVIDED THROUGH THE WEBSITE. YOU AGREE
THAT YOUR ACCESS T O THE WEBSITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEBSITE. SUNSHINE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 Limitation. IN NO EVENT WILL SUNSHINE B E LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS T O OR USE OF THE WEBSITE OR ANY OF THE SERVICES, SOFTWARE OR CONTENT PROVIDED THROUGH THE WEBSITE, EVEN IF SUNSHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUNSHINE’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100.
8. You hereby indemnify, defend, and hold harmless Sunshine and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Website (or any Content, Services or Software available through the Website), or Your breach of any term of this Agreement.
Sunshine respects Your Privacy. If any Services ask You to provide personally identifiable information from You when You access the Website, such as Your e-mail address, domain name and IP address, contact information, and username and password information, such personally identifiable information may be used only to provide the Services offered through the Website, to notify users of the Website about updates to and activities related to Sunshine’s business, and to contact users of the Website for information verification purposes. If we no longer require any personally identifiable Information that we have collected from You, we will take reasonable steps to permanently destroy or anonymize that information.
9.1 Disclosure Required by Law. Although Sunshine makes every reasonable effort to preserve user privacy, Sunshine may need to disclose personally identifiable information of certain users of any Website when Sunshine has a reasonable and good-faith belief that the disclosure is necessary to enforce this Agreement, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect Sunshine’s rights under applicable law, including, without limitation, Sunshine’s intellectual property rights. In this situation we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.
9.2 Communication with Users. Sunshine may send You a welcoming e-mail to verify password and username. You may occasionally also receive periodic e-mail alerts, if you have elected to receive such notices. Sunshine may communicate with You to provide requested services, and with regard to issues relating to Your account, we will reply via e-mail, in accordance with Your wishes. On occasion it may be necessary to send out service-related announcements. These communications are not promotional in nature.
9.4 Access, Review, Update. If you would like to review, delete/deactivate or update the personal information that was previously provided to us, you may contact us at email@example.com
9.5 Other Web Website; Links. Certain of the websites of Sunshine’s affiliates and another third-party web website may be accessible through the Website. These third-party web Website have their own privacy and data collection policies and practices. If You access a third-party Website from the Website, then You do so at your own risk.
SUNSHINE IS NOT RESPONSIBLE FOR A NY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH ANY LINKED WEBSITE.
9.6Consent to the Use of Third-Party Providers. Sunshine may contract with third parties to provide various services to Sunshine relating to the Website on an outsourced basis rather than performing the Services itself. By visiting the Website, you consent to Sunshine providing both Your personal and non-personal information to these third-party providers for the purpose of enabling the third-party provider to provide these services to Sunshine. In addition, you consent to the collection, maintenance, and processing of Your personal and non-personal information by Sunshine and these third-party providers.
9.7 Security. We will use reasonable security measures on the Website to protect the loss, misuse and alteration of the information under our control.
9.8 Transfer of Information. If Sunshine elects, in its reasonable discretion, to transfer ownership or control of the Website to a third party, whether or not in the context of an acquisition of Sunshine or a merger of Sunshine with a third party, You consent to the transfer of your personally identifiable information and non-personally identifiable information by Sunshine to that third party, provided that all use of your information by that third party remains subject to the terms of this Section 9.
10. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Sunshine by postal mail to the address for Sunshine listed on the Website. If applicable law requires that Sunshine accepts e-mail notices (but not otherwise), then You may send Sunshine an e-mail notice by emailing Sunshine at firstname.lastname@example.org. With respect to Sunshine’s notices to You, Sunshine may provide notice of amendments to this Agreement by posting them on the Website and You agree to check for changes. In addition, or in lieu thereof, Sunshine may give notice by sending e-mail to the e-mail address You provide during registration for the Website.
11. GENERAL TERMS.
11.1 You may not assign, delegate or transfer this Agreement or any of Your rights hereunder by operation of law or otherwise, and any attempt to do so will be null and void.
11.2 This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this A agreement. This Agreement may not be modified except upon mutual written agreement of both parties. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
11.3 If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
11.4 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, CO (USA). In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
12. CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS
This website contains “forward looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Those statements include, but are not limited to, statements with respect to production from the Cerro Los Gatos Mine, further exploration of the Los Gatos District and the further exploration and development of the Sunshine Complex, timing of expected production at the Sunshine Mine, estimated calculations of mineral reserves and resources at our properties, results of the preliminary economic assessment on the Sunshine Complex, results of the feasibility study on the Cerro Los Gatos Mine, expected cost savings, our prospects, plans and objectives and industry trends. In some cases, you can identify these statements by forward looking words such as “may,” “might,” “could,” “would,” “achieve,” “budget,” “scheduled,” “forecasts,” “should,” “expects,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” “potential” or “continue,” the negative of these terms and other comparable terminology. These forward looking statements may include projections of our future financial performance, our anticipated growth strategies and anticipated trends in our industry. Numerous risks and uncertainties may cause our actual future results to be materially different than those expressed in our forward-looking statements. We caution you not to place undue reliance on these forward-looking statements. We do not undertake any obligation to make any revisions to these forward-looking statements, except as required by law.
13. “Inferred mineral resources” are subject to uncertainty as to their existence and as to their economic and legal feasibility. The level of geological uncertainty associated with an inferred mineral resource is too high to apply relevant technical and economic factors likely to influence the prospects of economic extraction in a manner useful for evaluation of economic viability.