Terms of Service

Last changed on January 17, 2019

Please read these Terms of Service ("Terms") carefully before using the Gradewise website at www.gradewise.net (the "Gradewise website").

This is an agreement between you and Corebox Online Services Inc. ("Corebox" or "we" or "our" or "us") which governs your access to and use of the Gradewise website.

Basic Terms

By using the Gradewise website, you agree to be bound by these Terms. If you are using the Gradewise website on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

You may use the Gradewise website only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations. You may use the Gradewise website only if you have the power to form a contract with Corebox and are not barred under any applicable laws from doing so. The Gradewise website may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Gradewise website at any time without prior notice to you. We may also remove any content from the Gradewise website at our sole discretion.

If you do not accept these Terms, please do not use the Gradewise website. If you use the Gradewise website from a country other than Canada, you are still responsible for compliance with these Terms.

Drill Data

You understand that by using the Website, you may be accessing drill data (the 'Drill Data') that might be inaccurate or misleading. Under no circumstances will Corebox be liable in any way for any Drill Data, including, but not limited to, any errors or omissions in any Drill Data, or any loss or damage of any kind incurred as a result of the use of or reliance on any Drill Data made available via the Gradewise website. Any use or reliance on any Drill Data on the Gradewise website is at your own risk.

Corebox assumes no responsibility in respect of the review and verification by a Qualified Person, pursuant to National Instrument 43-101, of any Drill Data displayed on the Website, and disclaims all liability arising therefrom. Compliance with National Instrument 43-101 remains the sole responsibility of the respective entities whose Drill Data appears on the Gradewise website.

Corebox reserves the right at all times (but will not have an obligation) to, at its sole discretion, remove or refuse to accept or distribute any Drill Data on the Gradewise website.

Acceptable Use Policy

Please review the Acceptable Use Policy (which forms part of these Terms) to better understand the acceptable rules of conduct with respect to the Gradewise website. Corebox also reserves the right to access, review, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests; or (v) protect the rights, property or safety of Corebox, its users and the public.

You will not, and will not attempt to, misuse the Gradewise website, and will use the Gradewise website only in a manner consistent with the Acceptable Use Policy.

Corebox's Intellectual Property

These Terms do not grant you any right, title, or interest in the Corebox name or any of the Corebox trade-marks, logos, domain names and other distinctive brand features, or any of the content found on the Gradewise website, with the exception of Drill Data that you own. All right, title, and interest in and to the Gradewise website, with the exception of the Drill Data, is and will remain the exclusive property of Corebox. The Gradewise website is protected by copyright, trade-mark, and other laws of Canada and foreign countries.

We appreciate any feedback, comments, or suggestions you may provide regarding Corebox or the Gradewise website. You understand, however, that any such feedback, comments, or suggestions are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

All Content is copyright © Corebox Online Services Inc. (unless otherwise expressly indicated). All rights reserved.

Any use of the Gradewise website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trade-mark, and other laws. If you violate any of these Terms, your permission to use the Gradewise website automatically terminates, and you must immediately stop using the Gradewise website.

Intellectual Property Rights of Others

Links

The Gradewise website may contain links to third-party websites or resources. You acknowledge and agree that Corebox is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, approval, association, or sponsorship by Corebox of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Privacy

Any personal information that you provide to Corebox is subject to our Privacy Policy, which governs our collection and use of your personal information. You understand that through your use of the Gradewise website you consent to the collection and use (as set forth in the Privacy Policy) of this personal information, including the transfer of this personal information for storage, for processing and use by us in accordance with our Privacy Policy.

No Advice

You acknowledge and agree that the Gradewise website is for informational purposes only. The Gradewise website is not intended to provide drilling, modeling, investing or any or other form of advice to you or any other person. It is your responsibility to perform proper due diligence before acting upon any information, including Drill Data, provided through the Gradewise website.

The Gradewise website is Available "AS-IS"

Your use of the Gradewise website, including any Drill Data, is at your own risk. You understand and agree that the Gradewise website and Drill Data are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, COREBOX AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES DISCLAIM ANY WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, UNINTERRUPTED OR ERROR-FREE OPERATION, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, SECURITY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. COREBOX, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS.

COREBOX IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. COREBOX DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE GRADEWISE WEBSITE. ACCESSING THE GRADEWISE WEBSITE FROM TERRITORIES WHERE SUCH ACCESS MAY BE ILLEGAL IS PROHIBITED. COREBOX WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE GRADEWISE WEBSITE. YOU ALSO AGREE THAT COREBOX HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY DRILL DATA AND OTHER COMMUNICATIONS MAINTAINED BY THE Gradewise website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COREBOX OR THROUGH THE GRADEWISE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS AND WARRANTIES REFERRED TO IN THIS SECTION, SO SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COREBOX, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GRADEWISE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE GRADEWISE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE GRADEWISE WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COREBOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GRADEWISE WEBSITE SHALL NOT EXCEED $20, AND THAT ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE GRADEWISE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRING .

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree at all times to indemnify, defend and hold harmless Corebox, its subsidiaries, officers, employees, agents, partners, licensors and affiliates, and their respective directors and employees, against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Corebox directly or indirectly in respect of your use of the Gradewise website.

Modifications

We may revise these Terms from time to time. The most current version will always be at www.corebox.net/legal and it is your responsibility to review that web page for revisions to this agreement. If you are an authorized user, we will notify you when you log into Corebox if any changes have been made to this agreement. By continuing to access or use the Gradewise website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Gradewise website.

Miscellaneous Legal Terms

By accessing the Gradewise website, you agree that all matters relating to your use of this site and this Agreement shall be governed by the statutes and laws of the Province of British Columbia, and the federal laws of Canada without regard to conflict of laws. You further agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia with respect to any disputes. Notwithstanding the foregoing, you are responsible for complying with your own local laws.

The failure of Corebox to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any provision of these Terms shall be binding on Corebox unless executed by Corebox in writing. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed from the balance of these Terms, and the remaining provisions of these Terms will remain in full force and effect.

The headings used throughout these Terms are intended solely for ease of reference and shall not be used in the interpretation or construction of these Terms. You may not assign any of your rights in these Terms, and any such attempt is void. Corebox may assign its rights to any of its affiliates, subsidiaries, or any successor in interest of any business associated with the Gradewise website.

Corebox and you are not legal partners or agents for each other. The relationship between you and Corebox is that of independent contractors.

These Terms, the Acceptable Use Policy and our Privacy Policy are the entire and exclusive agreement between Corebox and you regarding the Gradewise website (excluding any services for which you have a separate agreement with Corebox that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Corebox and you regarding the Gradewise website. Other than members of the group of companies of which Corebox is the parent, no other person or company will be third party beneficiaries to the Terms.

The Website is operated and provided by Corebox Online Services Inc., 300 – 1055 Hastings Street West, Vancouver, BC V6E 2E9. If you have any questions about these Terms, please contact us.