Legal Notice

Legal Notice

Information contained in this Niska Gas Storage Canada ULC and Niska Gas Storage US, LLC (“Niska” or the “Company”) web site is for information purposes only. The web site and the information (including changes to the terms of use herein) may be changed or updated from time to time without notice. Changes to the terms of use herein shall become effective 24 hours after the changes are first posted and you will be deemed to have accepted any changes if you continue to use the web site after that time. In consideration for using Niska’s web site, the visitor agrees to hold Niska and its affiliates and subsidiaries, and their respective directors, officers, employees and agents harmless against any claims for damages or costs or any loss of any kind arising out of the access to or use of this web site or any information contained in or obtained through this web site. As visitors access this web site on a server in Alberta, Canada, the information contained in this web site is deemed to be provided in Alberta and is subject to Alberta law and the laws of Canada applicable therein. If you access this web site from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws and import and export laws.

Disclaimer of Warranties

ALTHOUGH NISKA BELIEVES THE INFORMATION ON THIS WEB SITE WAS CORRECT AT THE TIME IT IS POSTED, NISKA DOES NOT GUARANTEE THE CURRENCY, ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED ON THIS WEB SITE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, THIRD PARTY RIGHTS, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES IS GIVEN IN CONJUNCTION WITH THE INFORMATION CONTAINED IN THIS WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE UPON ANY OF THE INFORMATION ON THIS WEB SITE, INCLUDING THE MATERIALS, SHALL BE AT YOUR OWN RISK AND EXPENSE. NISKA DOES NOT GUARANTEE THAT ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND NISKA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEB SITE OR YOUR DOWNLOADING OF ANY OF THE MATERIALS FROM THE WEB SITE.

THIS WEB SITE AND ALL CONTENTS AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” OF “AS AVAILABE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR QUALITY.

In addition to the above disclaimers of warranties, Niska hereby expressly disclaims any liability for errors or omissions in the information contained in this web site. Information contained in this web site does not constitute a solicitation or an offering of securities in any jurisdiction. Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to Niska, e.g. Annual Report, Quarterly Reports, Annual Information Forms or press releases, is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this Niska web site. Although Niska believes this information to be correct at the time it is posted, Niska does not warrant the accuracy, completeness or currency of this information at all times. All information contained in this web site is provided on an as-is and as-available basis without any representations, warranties or endorsements whatsoever.

Forward-Looking Statements

In the interest of providing Niska shareholders and potential investors with information regarding the Company and its subsidiaries, some of the information found throughout this website may constitute forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements are typically identified by words such as “anticipate”, “believe”, “expect”, “plan”, “intend”, “forecast”, “target”, “project” or similar words suggesting future outcomes or statements regarding an outlook. Forward-looking statements in this website include, but are not limited to, statements with respect to: oil, gas, and natural gas storage.

Readers are cautioned not to place undue reliance on forward-looking statements, as there can be no assurance that the plans, intentions or expectations upon which they are based will occur. By their nature, forward-looking statements involve numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that the predictions, forecasts, projections and other forward-looking statements will not occur, which may cause the Company’s actual performance and financial results in future periods to differ materially from any estimates or projections of future performance or results expressed or implied by such forward-looking statements. These risks and uncertainties include, among other things: volatility of oil and gas prices; fluctuations in currency and interest rates; natural gas storage services supply and demand; market competition; risks inherent in the Company’s and its subsidiaries’ marketing operations, including credit risks; its ability to generate sufficient cash flow from operations to meet its current and future obligations; the Company’s ability to access external sources of debt and equity capital; the timing and the costs of well and pipeline construction; the Company’s and its subsidiaries’ ability to secure adequate natural gas transportation; changes in environmental and other regulations; political and economic conditions in the countries in which the Company and its subsidiaries’ operate; the risk of international war, hostilities, civil insurrection and instability affecting countries in which the Company and its subsidiaries operate and terrorist threats; risks associated with existing and potential future lawsuits and regulatory actions brought against the Company and its subsidiaries; and other risks and uncertainties described from time to time in the reports and filings made with regulatory authorities by Niska. Although Niska believes that the expectations represented by such forward-looking statements are reasonable, there can be no assurance that such expectations will prove to be correct. Readers are cautioned that the foregoing list of important factors is not exhaustive. Furthermore, the forward-looking statements contained in this website are made as of the date of posting to this website, and Niska does not undertake any obligation to update publicly or to revise any of the included forward-looking statements, whether as a result of new information, future events or otherwise. The forward-looking statements contained in this website are expressly qualified by this cautionary statement.

Exclusion of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE INCLUDING ANY OF THE INFORMATION CONTAINED THEREIN OR ON ANY LINKED WEB SITE. IN NO EVENT WILL NISKA, ITS PARTNERS, SUBSIDIARIES, AFFILIATES, LICENSORS, AGENTS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE.

Indemnity

You agree to indemnify, defend and hold harmless Niska and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from: (a) any material, information or other content you provide on or through the Web site; or (b)your use or misuse of the Web site or any material found thereon, including without limitation any claims of infringement

Trademark and Copyright

All material and information found on this web site is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. The display of trademarks, tradenames or design marks in this web site does not imply that a license of any kind has been granted to any other party. Any unauthorized use regarding publication, copying or modification of information on this web site, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.

The trademarks, trade names and design marks displayed on this Web site belong to Niska (and its authorized licensors) and may not be used for any purpose whatsoever without written permission from Niska. For greater clarity, the display of any trademark, tradename or design mark on the Website does not imply that a license of any kind has been granted to any other party.

Links to Third Party Sites

This web site contains links to third party sites. These links have been provided solely as a convenience for users of this web site and do not constitute an endorsement by Niska of the content of such third party sites. Links to this web site may also be provided from other sites either known or unknown to Niska. Access to any other web site linked to or from this web site is at your own risk. Niska has not reviewed and is not responsible for the content of any third party sites linked to or from this web site and does not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.

Internet Communications

The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. Niska is not liable for any damages resulting from the transmission, interception or corruption of communications to or from this web site. Any visitor to this web site providing information to Niska agrees that Niska shall have no obligation with respect to such information and shall be free to use, distribute, disclose and reproduce the information to others and shall be free to be use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever. Any information provided by a visitor to the Niska web site shall be non-proprietary and deemed to be non-confidential and must be truthful, legal and not violate the rights of others.

References to Niska

For convenience, references in this website to “Niska”, the “Company” “us”, “we” and similar references, may, where applicable, refer only to or include any relevant direct and indirect subsidiary corporations and partnerships of Niska and the assets, activities and initiatives thereof.

Doing Business with Niska

Nothing in the “Doing Business with Niska” section of this website shall create any commitment by Niska to consider or enter into any business relationship with you. Any agreement that you may have with Niska or any of its subsidiaries or affiliates shall supersede the contents of the ‘Legal Notice’ to the extent of any conflict between the two. See the “Doing Business with Niska” section of this website for further information and terms of use applicable to contractors, consultants and suppliers.

Severability

The terms of use are to operate to the fullest extent permissible by law. If any provision of the terms of use is unlawful or unenforceable, that provision is deemed severable from the terms of use and does not affect the validity and enforceability of any remaining provisions.

General

The terms of use and Niska’s Privacy Policy, together, constitute the entire agreement between you and Niska with respect to the use of the web site. Niska’s failure to insist upon or enforce strict performance of any provision of the terms of use shall not be construed as a waiver of any provision or right of Niska.

The parties have requested that the terms of use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Terms of Legal Notice Binding

Your access and use of this website constitutes your agreement to be governed by the contents of the Legal Notice set forth herein. If you do not agree with them leave this web site immediately.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED

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