Terms of Use and Privacy Statement

Please read the following website terms of use (“Terms of Use”) before using the website. By accessing and using the website, you agree to be bound by these Terms of Use and any changes that may be made to it by The Westaim Corporation (“Westaim”) in its sole discretion from time to time. If you do not agree with these Terms of Use, your sole recourse is to leave the website immediately. This website, including any webpage accessible through the homepage but excluding any third-party websites linked to this website, is owned by Westaim. The material and information on this website is being made available only under the conditions set out herein.

Disclaimer

The materials on this website are provided by Westaim to users and may be used for informational purposes only.

The information contained herein does not constitute an offer or the solicitation of an offer for the purchase of any securities of Westaim or any other entity. This website, which may be accessed from other countries, may contain references to a prospectus, offering memorandum or similar offering document which may not have been registered in your country. These references do not imply that Westaim intends to offer securities in your country. No securities commission, stock exchange or similar regulatory authority in any jurisdiction has in any way passed on any of the information contained in this website.

This website and the information on it may be changed or updated from time to time without notice. Westaim makes no representations nor gives any warranty as to the currency, completeness, accuracy or correctness of any of the elements contained herein, non-infringement of any intellectual property or its suitability for any purpose. While Westaim has taken reasonable care in preparing and publishing information contained on the website, Westaim expressly disclaims any liability for errors or omissions in the information contained in this website.

All information contained in this website is provided on an “as-is” and “as-available” basis without any express or implied representations, conditions, warranties or endorsements whatsoever. In no event shall WESTAIM be liable for any damages whatsoever, including, without limitation, damages due to loss of profits or business interruption arising in connection with this website or with any linked website, even if WESTAIM is made aware of the possibility of such damages, losses, claims or expenses, and on any theory of liability, arising FROM or in connection with the use of the information contained herein. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

Westaim takes reasonable precautions to ensure this site is free of computer viruses. It is recommended that the user install and use appropriate anti-virus or other protective software. WESTAIM DISCLAIMS ANY AND ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS THAT MAY BE INADVERTENTLY DOWNLOADED FROM THIS SITE.

Forward Looking Statements

This website contains certain forward-looking information within the meaning of applicable securities laws. The use of any of the words “expect”, “anticipate”, “continue”, “estimate”, “objective”, “ongoing”, “may”, “will”, “project”, “should”, “believe”, “plans”, “intends” and similar expressions are intended to identify forward-looking information or statements. More particularly and without limitation, this website contains certain forward looking statements and information concerning the expected activities of Westaim or its subsidiaries and affiliates. The forward-looking statements and information are based on certain key expectations and assumptions made by Westaim. Although Westaim believes that the expectations and assumptions on which such forward-looking statements and information are based are reasonable, undue reliance should not be placed on the forward looking statements and information because Westaim can give no assurance that they will prove to be correct. By its nature, such forward-looking information is subject to various risks and uncertainties (including those disclosed under Westaim’s SEDAR profile at www.sedar.com), which could cause the actual results and expectations to differ materially from the anticipated results or expectations expressed. Readers are cautioned not to place undue reliance on this forward-looking information, which is given as of the date hereof, and to not use such forward-looking information for anything other than its intended purpose. Westaim undertakes no obligation to update publicly or revise any forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.

Copyright and Trademark

Westaim reserves rights to all information, content and intellectual property presented on this website, which includes, but is not limited to, the photographs, images, copyrights, trademarks, corporate logos and the likes owned by Westaim.

No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, unless otherwise indicated on this website, except for your own personal or internal company use or to the extent permitted by applicable law.

If you choose to use material posted on this website, you may not allow others to:

  • remove the copyright or other proprietary notices from the downloaded materials;
  • sell, reproduce, modify or attempt to modify the materials in any way or reproduce or publicly display or distribute or otherwise use them for public or commercial purpose, including, without limitation, use of the materials on any other website;
  • transfer the material to any other person without the written consent of Westaim; or
  • interfere with the security of, or otherwise abuse, this website or any services, system resources, accounts, servers or networks connected to, or accessible through, this website or affiliated or linked websites.

Modification of the materials or use of the materials for any other purpose is a violation of Westaim’s copyright and other proprietary rights. You may not frame this website nor link to this website without the express permission of Westaim. If you wish to link to this website, please contact us at info@westaim.com.

Links

This website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Westaim and that Westaim has no control over the content of such websites. Consequently, Westaim cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links that Westaim might place on its website do not imply that Westaim sponsors, endorses or is affiliated or associated with, or has been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

Indemnity

You agree to indemnify and hold harmless Westaim, its subsidiaries, affiliates, shareholders, directors, officers, employees, agents and advisors from and against any and all losses, expenses (including legal fees), damages, claims, fines, penalties, costs and liabilities, arising from or relating to your use of this website, connection thereto, or any alleged violation by you of these Terms of Use.

Termination or Suspension of Access to this Website

Westaim has the right to terminate or suspend your access to this website or any part of it at any time for any reason or no reason without notice to you. Westaim will have no liability to you if this website or your ability to access it is terminated.

Privacy Disclosure

Westaim does not collect personal information about you (such as your name, address, telephone number, or e-mail address) unless you voluntarily submit that information to us through our contact page, or by e-mail or other means. Westaim treats any personal information you submit through this website as confidential and does not sell or otherwise disclose such information to third parties without your prior written consent or unless required or permitted to do so by law.

When you visit our website, Westaim may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system you use or the domain name of the website from which you linked to this website. In addition, Westaim may store some information on your computer’s hard drive as a “cookie” or similar type of file. Westaim may use this information internally in order to enhance the efficiency and usefulness of the website. If you object to this, please consult your browser’s documentation for information on erasing or blocking cookies.

Notwithstanding any other statements or representations hereunder, Westaim reserves the right to disclose any personal information in its possession if required to do so by law, or if Westaim believes, in good faith, that such disclosure is necessary to comply with applicable laws, defend its rights or property, or respond to an emergency situation.

Westaim employs reasonable security measures to protect the personal information collected. If you are concerned about the information you have provided, or would like to access, update or delete that information, please contact Westaim at info@westaim.com. Westaim will make reasonable efforts to comply with this request.

Westaim may amend this privacy statement from time to time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of its investors and service providers. Updated versions will be posted on this website along with the date of its latest revision.

Applicable Laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Ontario. If you access this website from outside Canada, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws.

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Westaim to enforce any term of this Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

These Terms of Use and any and all other legal notices or statements posted on the website constitute the entire agreement between you and Westaim with respect to the use of the website, including the information contained herein.