Last Updated: June 12, 2026
Sunshine Silver Mining & Refining Company and its subsidiaries (“Sunshine”, “We”, “Us” or “Our”) operate the Website located at www.sunshinesilvermines.com (the “Website”).
Please carefully read these Terms of Use. By using this Website, You acknowledge and agree, on behalf of yourself and any entity or persons You represent in connection with Your use (“You” “Yourself” or “Your”) that you have read and agree to be bound by these Terms of Use (this “Agreement”).
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE WEBSITE.
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, 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.
Along with these Terms of Use, please read Our Privacy Policy, which governs how We use and process personal information.
2. Registration
The Website may make certain products and services of Sunshine available to You (“Services”), and may include a process by which You may apply to become a registered user (a “Registered User”) to receive informational updates of other Services available through the Website.
If the Website has such a registration process, You will be asked to submit certain information about Yourself and may be asked to review and consent to supplemental terms and conditions regarding use of such Services.
Your use of any such Services will be subject to Your consent to the supplemental terms and conditions presented to You in connection with such Services. Those terms are hereby incorporated and made part of these Terms of Use. In the event of a conflict between these Terms of Use and any account-specific terms, the account-specific terms will control with respect to Your use as a Registered User.
In addition, Your use of the Website in countries outside the U.S. may be subject to additional terms and conditions, including supplemental privacy policy terms and conditions, and those additional terms will become part of Your Agreement if You use those Services or access the Website from outside the U.S.
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. Website Content and Intellectual Property
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:
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. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE WEBSITE OR ANY WEBSITE CONTENT OR MATERIALS ON THE SITE FOR COMMERCIAL USES IS STRICTLY PROHIBITED.
5. Trademarks
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 us at [email protected].
7. Disclaimer and Limitation of Liability
7.1 Disclaimer
Your use of the Website is at your sole risk. 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 THE 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 TO 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 BE 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 TO 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. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITE AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
SUNSHINE’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
8. Indemnification
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:
9. Notices
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 [email protected].
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.
10. General Terms
10.1 Assignment. 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.
10.2 Entire Agreement. 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 Agreement. This Agreement may not be modified except upon mutual written agreement of both parties.
10.3 Waiver. 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.
10.4 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Idaho, 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 Boise, Idaho (USA). In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
10.5 Amendments. Sunshine reserves the right, at any time and without notice, to add to, change, update, or modify the Website and these Terms of Use, simply by posting such addition, change, update, or modification on this Website. Any such addition, change, update, or modification will be effective immediately upon posting on the Website.
10.6 If any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from this Agreement and the remaining provisions will continue with full force and effect.
10.7 Contact Us. If You have any questions about these Terms of Use or the Website, please feel free to contact us by email at [email protected].
11. Cautionary Statement Regarding Forward-Looking Statements
This Website may include “forward-looking statements,” which are statements other than statements of historical fact. Forward-looking statements include, among other things, statements about Our plans, strategies, objectives, projections, expectations, mineral resource estimates, permitting and regulatory approvals, exploration plans, capital cost estimates, operating cost estimates, future operating or financial performance, and anticipated business or industry conditions. These statements are based on Our current expectations and assumptions as of the date they are made and involve uncertainties. They are not guarantees of future performance.
Actual results may differ materially from those expressed or implied by forward-looking statements due to a variety of risks and uncertainties, including, without limitation: Our ability to execute development plans and timelines; the results of feasibility studies and economic analyses; environmental and reclamation obligations; community and Indigenous engagement; land title and access; availability of equipment, contractors, and skilled labor; health, safety, and security matters; accidents, geotechnical events, extreme weather, wildfires, seismic activity, and other natural disasters; supply chain constraints, logistics, and inflationary pressures and cost escalation; commodity price volatility; capital requirements and operating costs; availability of financing and liquidity, including potential equity, debt, stream, royalty, or offtake arrangements; political and regulatory changes; litigation; tax and royalty regimes; data security and cybersecurity threats; regulatory, legal, and compliance developments; and macroeconomic, geopolitical, and industry conditions. New risks and uncertainties may also emerge over time, and we cannot predict all such factors or assess their impacts.
You should not place undue reliance on forward-looking statements, which speak only as of the date made. We undertake no obligation to update or revise any forward-looking statements to reflect events or circumstances after the date of such statements, except as required by law.
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