Last updated August 09, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Corexplore Drilling Services Corporation ("Company,"
"we," "us," "our"), a company
registered in Canada at 1412 Main Street North, Callander, Ontario P0H 1H0.
We operate the website
Corexplore.com (the "Site"), as well as any other related products and services
that refer or link to these legal terms (the "Legal Terms") (collectively, the
"Services"). We provide information about our business.
You can contact us
by phone at 1-705-476-9599, email at admin@corexplore.com, or by mail to 1412 Main Street North, Callander,
Ontario P0H 1H0, Canada.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Corexplore Drilling
Services Corporation, concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will
alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility to periodically review
these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
The Services are intended for users who are at
least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the
age of 18)must have the permission of, and be directly supervised by, their parent or guardian to use the
Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior
to you using the Services.
We recommend that you print a copy of these Legal Terms for your
records.
1. OUR SERVICES
The information provided
when using the Services is not intended for distribution toor use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons
who choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.The Services are
not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability
Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos contained therein (the
"Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and around the
world.The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services;
and download or print a copy of
any portion of the Content to which you have properly gained access.
solely for your personal,
non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in
our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as set outing
this section or elsewhere in our Legal Terms, please address your request to: admin@corexplore.com.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms
and your right to use our Services will terminate immediately.
3. USER
REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you
have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 13;
(3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (4) you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized
purpose; and (6) your use of the Services will not violate any applicable law or regulation.If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the Services (or any portion
thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for
any purpose other than that for which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a
user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Services and/or the Content contained
therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any
information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use
of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner
inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the
Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage
in any automated use of the system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary
rights notice from any Content.Attempt to impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1pixels, web bugs, cookies, or other similar devices (sometimes
referred to as"spyware" or "passive collection mechanisms" or "pcms").Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected to the
Services.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any
way making up apart of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
5. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or
you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties ("Third-Party Content").
SuchThird-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Services or anyThird-Party Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting
the use or installation of any Third-PartyWebsites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use
or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or relating to any applications you use or
install from the Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites.
6. SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from theServices or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
7. PRIVACY POLICY
We care about data privacy and security.
Please review our Privacy Policy: corexplore.com/privacy. By using the Services, you agree to
be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States. If you access the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Services, you are transferring your data to
theUnited States, and you expressly consent to have your data transferred to and processed in the United
States. Further, we do not knowingly accept, request, ors solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that information from the Services as quickly as is
reasonably practical.
8. TERM AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
9. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at anytime or for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.We cannot guarantee the Services will be available
at all times. We may experience hardware, software, or other problems or need to perform maintenance related
to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal
Terms will be construed to obligate us to maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
10. GOVERNING LAW
These Legal
Terms shall be governed by and defined following the laws of Canada. Corexplore Drilling Services Corporation
and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these Legal Terms.
11. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and collectively, the
"Parties"), theParties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising out of or in connection with these Legal Terms, including
any question regarding its existence, validity, or termination, shall be referred to and finally resolved by
the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered
as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be North Bay, Canada. The language of the proceedings shall beEnglish. The governing law of
these Legal Terms shall be substantive law of Canada.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the
full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c)there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
12. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
13.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO $500CAD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL
RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1)use of the Services; (2) breach of
these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual property rights; or
(5)any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
16. USER
DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND
SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via email and on
the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
18. CALIFORNIA USERS AND
RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
ComplaintAssistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
19. MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of
theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to
be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.
20.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at: Corexplore Drilling Services
Corporation 1412 Main Street North Callander, Ontario P0H 1H0 Canada
