1. Acceptance of Terms
By using or visiting this website (the "Website"), you agree to these terms and conditions (the "Terms"). Excelsior Mining Arizona, Inc. (“Excelsior”) may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Excelsior Website
These Terms apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Excelsior. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Excelsior. Excelsior has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
3. User Accounts
To access some features of the Website, you may have to register for a user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify Excelsior immediately of any breach of security or unauthorized use of your user account.
Although Excelsior will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Excelsior or others due to such unauthorized use.
4. Ownership of Website Content
As between you and Excelsior, Excelsior owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website. Excelsior grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions
- they must be used or reproduced accurately, without any modification;
- they must identify Excelsior as the source; and
- they must be used solely for non-commercial purposes.
Excelsior’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever. The Excelsior logos are trade-marks of Excelsior, and may not be used without the express written permission of Excelsior.
5. Privacy
A. Statement of Purpose
Privacy of personal information is an important principle to Canada Excelsior Ltd. (“Excelsior” or the “Company”). Excelsior is committed to collecting, using and disclosing personal information responsibly and only to the extent necessary.
Excelsior does not sell, rent or share your personal information. Excelsior will not disclose your personal information except when:
- authorized by you;
- required by law;
- permitted by law (e.g. medical emergency);
- the information is already publicly known; or
- Excelsior engages a third party to provide administrative services such as computer backup and storage and the third party is bound by our Privacy Policy.
Excelsior strives to be open and transparent regarding how your personal information is handled. This document describes our Privacy Policy
B. What is Personal Information?
Personal information is information about an identifiable individual, and includes information that relates to an individual’s personal characteristics (e.g., gender, age, income, home address, phone number, and family status). Personal information is different from business information (e.g., an individual’s business address and telephone number). Business information is not protected by privacy legislation.
C.Who we are
Excelsior includes its controlled subsidiaries. Excelsior uses a number of consultants and agencies that may, in the course of their duties, have limited access to the personal information that Excelsior holds. Their access to any personal information that Excelsior holds is restricted as much as is reasonably possible. Excelsior also has their assurance that they follow appropriate privacy principles.
D. Why Excelsior Collects Personal Information
Excelsior collects personal information primarily to communicate with our stakeholders, potential stakeholders and others that might be interested in Excelsior and to improve communications to them. Information about our employees, contractors and suppliers is also collected for statutory and administrative purposes.
E. Consent
In most cases, Excelsior will ask you to specifically consent to the collection, use or disclosure of your personal information. Excelsior will request your consent in writing or accept your oral consent or your consent in certain instances may be implied through your contract with us. By browsing the Excelsior web site, requesting information, sending a letter, facsimile or e-mail you are agreeing to the terms of our Privacy Policy.
F. Protecting Personal Information
Excelsior understands the importance of protecting your personal information and accordingly takes the following precautions:
- Paper information is either under supervision or secured in a locked or restricted area.
- Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, passwords are used on computers.
- Electronic information is transmitted either through a direct line or has identifiers removed or is encrypted.
- Staff is trained to collect, use and disclose personal information only as necessary to fulfil their duties and in accordance with our Privacy Policy.
G. Retention and Destruction of Personal Information
Excelsior needs to retain your personal information for some time to ensure that any questions you might have about the services provided can be answered, and for accountability to external regulatory bodies. Contact directories are difficult to systematically destroy, and on your request your contact information will be removed to the extent possible.
Excelsior destroys paper files containing personal information by shredding them. Electronic information is destroyed by deleting it and, when the hardware is discarded Excelsior ensures that the hard drive is physically destroyed or electronically wiped.
H. You can look at your information
With few exceptions, you have the right to see what personal information of yours that Excelsior holds. If the Excelsior representative does not know you, it will be necessary for you to confirm your identity before Excelsior can provide you access to your personal information.
Access to your personal information can be denied if:
- denial is required or authorized by law;
- granting access would have an unreasonable impact on other people’s privacy;
- necessary to protect Excelsior’ rights and property; or
- the request is frivolous or vexatious.
You may be requested to put your access request or problems in writing. You will then be advised in writing if Excelsior cannot grant you access to your personal information.
If you believe there is a mistake in your personal information, you have the right to ask for it to be corrected. This applies to factual information only. Excelsior may ask you to provide documentation that our files are wrong. Where Excelsior agrees that a mistake was made, Excelsior will make the correction and, where appropriate, notify anyone to whom this information was sent. If Excelsior disagrees that a mistake was made, a brief statement from you on the point will be included in our file and, as appropriate, Excelsior will forward that statement to anyone else who received the earlier information.
I. Do you have a concern
Our Privacy Officer can be reached at
J. Normal Excelsior Website Usage
When you visit the Website , Excelsior may collect and store information about your visit in an anonymous, aggregate manner. Excelsior uses this information to generate statistics, customize information on your personal tastes and measure site activity to improve the website’s usefulness to you the visitor. To accomplish this Excelsior may use a feature of your browser called a “cookie”; this anonymously tracks individual visitor’s activities on our site. Cookies, by themselves, cannot be used to find out the identity of any visitor. During normal web site usage Excelsior does not collect or store individually identifiable information such as name, mailing address, e-mail address or telephone numbers. By using this site, requesting information or sending e-mail you are agreeing to the terms of our Privacy Policy.
L. Electronic mail sent to Excelsior that contains Personal Information
Visitors to our web site may decide to send Excelsior individually identifiable information, for example, in a message containing comments and/or suggestions about our web site, requests for information or to request addition to our marketing lists. Excelsior will only use this individually identifiable information to identify the visitor. Excelsior will not use this information other than to resolve the matter identified in the e-mail.
M. Spam-Free Privacy
Excelsior will not reveal, sell or rent your e-mail address to third parties. Excelsior will not send you unsolicited e-mails. Excelsior only collects and holds your e-mail address and additional information in order to send you the material you have requested. You can opt-out at any time for any reason.
N. Links to Other Company Sites
This site may contain links or references to other web sites. Please be aware that Excelsior does not control the other web sites and that, in any case, this Privacy Policy does not apply to those web sites. Excelsior encourages you to read the privacy policy of every web site you visit.
O. Updating this Policy
Any changes to our Privacy Policy and information handling practices shall be acknowledged in this policy in a timely manner. Excelsior may add, modify or remove portions of this policy when it feels it is appropriate to do so.
You may determine when this policy was last updated by referring to the modification date found at the bottom of the Privacy Policy document on the Excelsior web site. Excelsior reserves the right to alter our Privacy Policy as business needs require. A revised policy will only apply to data collected subsequent to its effective date. Any alterations to this policy will be posted on our web site in a timely manner.
6. DISCLAIMER
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EXCELSIOR DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, Excelsior DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EXCELSIOR MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. EXCELSIOR MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7. LIMITATION OF LIABILITY
EXCELSIOR, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF EXCELSIOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EXCELSIOR, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EXCELSIOR, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; OR (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, Excelsior WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
9. Miscellaneous
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Arizona, United States, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Arizona, United States.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and Excelsior with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
10. Code of Conduct
a. You may not use the Excelsior Website for any illegal or unauthorized purpose. In addition to the laws of the State of Arizona, you also agree to comply with all local laws that apply to your use of the Website.
b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, Excelsior’s servers or computer network, or interfere with any other party's use and enjoyment of the Website.
c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
- post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
- use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names; or
- upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another.
d. While Excelsior prohibits such conduct in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct and that you use the Website at your own risk.
e. Excelsior reserves the right to monitor use of this Website to determine compliance with these Terms.