The Site, its organization and design, and all information, images, artwork, text, video, audio, pictures, and other materials on the Site as well as the layout and design of the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which are owned by the Company. You may download information from the Site for your personal, non-commercial viewing, but you may not, directly or indirectly, otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without the Company’s prior written approval. You do not acquire ownership rights to any Content by accessing or using the Site, and the Company’s posting of Content on the site does not constitute a waiver of any right in or to such Content.
At any time and without notice or liability, the Company may change any part of the Site including without limitation, any part or the whole of the Content. At any time, and in its sole and unfettered discretion, the Company may correct any errors or omissions in any portion of the Site without notice or liability but does not have a duty to do so.
The Company owns “NEWGOLD”, the Company’s logo, and all other Company trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site are owned by third parties and are used by the Company under licence.
This Site and its Content are provided “as is” and “as available”. The Content is believed to be accurate at the time it is posted on the Site. However, the Content may not be accurate, complete or current. To the fullest extent permissible under applicable law, the Company disclaims all representation and warranties, whether express, implied or statutory (including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). The Company does not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Site is prepared by the Company and is believed to be accurate, but has not been independently audited or verified and is provided for informational purposes only. This information and Content is not to be construed as an offer nor as a recommendation to buy or sell securities in any jurisdiction. The Company does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise. The information and other Content on the Site is not meant to modify, qualify, supplement or amend information disclosed by or on behalf of the Company under corporate, securities or other legislation in any jurisdiction, and should not be used to make investment decisions involving the Company’s securities.
You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
Limitation of Liability
The Company and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind including, without limitation, damages based on contract, negligence or other legal basis, including without limitation, indirect, special, consequential or incidental damages, lost profits, business interruption or other damages arising directly or indirectly from your use of the Site or the Content, including without limitation, your use or reliance on any information or other Content contained on the Site; any delay or loss of use or access to the Site; any inaccuracy or omission in any information or other Content contained on the Site; and your use of or reliance on any third-party websites linked to the Site. These limitations apply even if the party liable or allegedly liable had been advised of the possibility of such damage or loss or if such damage or loss was foreseeable by the party liable or allegedly liable.
You acknowledge that the Company is making the Site and the Content available to you in reliance upon your acceptance of the limitations and exclusions of liability and the disclaimers set out in this Legal Notice and that the same form a contract between you and the Company. You agree that the limitations and disclaimers will survive and continue to apply in the case of a fundamental breach or breaches, the failure of an essential purpose of this contract, the failure of any remedy or the termination or suspension of your use of the Site by the Company.
Certain information contained in the Site, including any information as to the Company’s future financial or operating performance, may be deemed “forward-looking”. All statements on the Site, other than statements of historical fact, that address events or developments that the Company expects to occur, are “forward-looking statements” or "forward-looking information". Forward-looking information includes, but is not limited to: information with respect to the future prices of gold, silver and copper; the estimation of mineral reserves and resources; the realization of mineral reserve estimates; the timing and amount of estimated future production; costs of production; capital expenditures; financing requirements; costs and timing of the development of new and existing deposits; implementation, timing and success of drilling and other exploration activities; permitting time lines; the completion and success of acquisitions; currency exchange rate fluctuations; requirements for additional capital; government regulation of mining operations; environmental risks; remediation and reclamation procedures and expenses; title disputes or claims; and limitations on insurance coverage. Generally, this forward-looking information can be identified by the use of forward-looking terminology including but not limited to the words “expects”, “does not expect”, “plans”, “anticipates”, “does not anticipate”, “believes”, “intends”, “estimates”, “projects”, “potential”, “scheduled”, “forecast”, “budget” and similar expressions or their negative connotations, or that events or conditions “will”, “would”, “may”, “could”, “should” or “might” occur or the negative connotation.
All such forward-looking information is subject to important risk factors and uncertainties, many of which are beyond the Company’s ability to control or predict. Forward-looking information is necessarily based on factors and assumptions that, while considered reasonable by the Company as of the date of such statements, are inherently subject to known and unknown risks and uncertainties.
Known and unknown factors could cause the Company’s actual results, level of activity, performance or achievements to be materially different from those expressed or implied by such forward-looking information. Such factors include, without limitation: significant capital requirements; fluctuations in the international currency markets and in the rates of exchange of the currencies of Canada, the United States, Australia, Mexico and Chile; price volatility in the spot and forward markets for commodities; impact of any hedging activities, including margin limits and margin calls; discrepancies between actual and estimated production, between actual and estimated reserves and resources and between actual and estimated metallurgical recoveries; changes in national and local government legislation in Canada, the United States, Australia, Mexico and Chile or any other country in which New Gold currently or may in the future carry on business; taxation; controls, regulations and political or economic developments in the countries in which New Gold does or may carry on business; the speculative nature of mineral exploration and development, including the risks of obtaining and maintaining the validity and enforceability of the necessary licenses and permits and complying with the permitting requirements of each jurisdiction that New Gold operates in, including, but not limited to, Mexico, where New Gold is involved with ongoing challenges relating to its environmental impact statement for Cerro San Pedro Mine; the lack of certainty with respect to the Mexican and other foreign legal systems, which may not be immune from the influence of political pressure, corruption or other factors that are inconsistent with the rule of law; the uncertainties inherent to current and future legal challenges the Company is or may become a party to, including the third party claim related to the El Morro transaction with respect to New Gold's exercise of its right of first refusal on the El Morro copper-gold project in Chile and its partnership with Goldcorp Inc.; diminishing quantities or grades of reserves; competition; loss of key employees; additional funding requirements; actual results of current exploration or reclamation activities; changes in project parameters as plans continue to be refined; accidents; labour disputes; defective title to mineral claims or property or contests over claims to mineral properties. In addition, there are risks and hazards associated with the business of mineral exploration, development and mining, including environmental hazards, industrial accidents, unusual or unexpected formations, pressures, cave-ins, flooding and gold bullion losses (and the risk of inadequate insurance or inability to obtain insurance, to cover these risks).
Forward-looking information is not a guarantee of future performance, and actual results and future events could materially differ from those anticipated in such information. All of the forward-looking information contained on the Site is qualified by these cautionary statements.
The Company expressly disclaims any intent or obligation to update or revise any forward-looking information, whether as a result of new information, events or otherwise, except in accordance with applicable securities laws.
Disclosure of Mineral Technical Information
All scientific and technical information on the Site about a material mineral project is based on information prepared by or under the supervision of a qualified person, as defined in National Instrument 43-101 – Standards of Disclosure for Mineral Projects, or has been approved by a qualified person.
Readers are also advised to refer to the latest annual information form of the Company and other continuous disclosure documents filed by the Company available at www.sedar.com, for detailed information (including qualifications, assumptions and notes set forth therein) regarding the mineral reserve and mineral resource information contained on the Site.
Cautionary Note to US Investors
Information concerning the properties and operations discussed in the Site has been prepared in accordance with Canadian standards under applicable Canadian securities laws, and may not be comparable to similar information for United States companies. The terms "Mineral Resource", "Measured Mineral Resource", "Indicated Mineral Resource" and "Inferred Mineral Resource" used in the Site are Canadian mining terms as defined in accordance with NI 43-101 under guidelines set out in the Canadian Institute of Mining, Metallurgy and Petroleum ("CIM") Standards on Mineral Resources and Mineral Reserves adopted by the CIM Council on December 11, 2005. While the terms "Mineral Resource", "Measured Mineral Resource", "Indicated Mineral Resource" and "Inferred Mineral Resource" are recognized and required by Canadian regulations, they are not defined terms under standards of the United States Securities and Exchange Commission (the “SEC”). Under United States standards, mineralization may not be classified as a "reserve" unless the determination has been made that the mineralization could be economically and legally produced or extracted at the time the reserve calculation is made. As such, certain information contained in the Company’s publications and the Content concerning descriptions of mineralization and resources under Canadian standards is not comparable to similar information made public by United States companies subject to the reporting and disclosure requirements of the SEC. The Company may use certain terms in its publications or in the Content such as “resources” or “possible ore reserves” that SEC guidelines strictly prohibit U.S. companies from including in filings with the SEC. An "Inferred Mineral Resource" has a great amount of uncertainty as to its existence and as to its economic and legal feasibility. It cannot be assumed that all or any part of an "Inferred Mineral Resource" will ever be upgraded to a higher category. Under Canadian rules, estimates of Inferred Mineral Resources may not form the basis of feasibility or other economic studies. Readers are cautioned not to assume that all or any part of Measured or Indicated Resources will ever be converted into Mineral Reserves. Readers are also cautioned not to assume that all or any part of an "Inferred Mineral Resource" exists, or is economically or legally mineable. In addition, the definitions of "Proven Mineral Reserves" and "Probable Mineral Reserves" under CIM standards differ in certain respects from the standards of the SEC. In addition, the Company’s publications and the Content may include information about adjacent properties on which the Company has no right to explore or mine. The Company advises U.S. investors that the SEC’s mining guidelines strictly prohibit information of this type in documents filed by U.S. companies with the SEC. U.S. investors are cautioned that mineral deposits on adjacent properties are not indicative of mineral deposits on the Company’s properties.
All stock price quotes and historical stock price data on the site are provided by third parties, are for informational purposes only, and are not intended for trading purposes. If you are contemplating trading in the Company’s securities, the Company strongly advises that you obtain independent professional advice (including independent legal and financial advice from qualified advisors) before making any investment decision. The Company makes no representation or warranty regarding the timeliness, accuracy or completeness of any stock price quotes or historical stock price data and has not taken any steps to verify the adequacy, timeliness, accuracy or completeness of the information on the Site.
Security and Viruses
E-mail communications between you and the Company may not be secure. We suggest that you encrypt all e-mail to increase the security of your communications with the Company.
The Site may contain links to third party websites or content posted on the websites maintained by third parties. The Company provides such links for your convenience only, to assist you in identifying and locating other Internet resources that may be of interest to you.
You acknowledge that in providing such links the Company: does not endorse any third party website or content contained on such website; does not act as an editor, publisher or disseminator of any content accessible through such links and neither controls nor monitors such content; does not make any representations or warranties of any kind regarding the links or the third party websites; is not responsible in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible through such links; and is not responsible in any way for any damage or loss incurred as a result of your use of or reliance on any of the links.
If you wish to provide a link to the Site from your website, you may only link to the Company’s home page at www.newgold.com. You may not use any of the Company’s icons or logos on your website without the Company’s express written consent, and you may not use the link to suggest that the Company sponsors, endorses, approves of, or is affiliated with, you or your website. Further, at any time and on reasonable notice, the Company may direct that you remove the link to the Site from your website. If you refuse or neglect to remove the link to the Site from your website you acknowledge that such refusal or neglect will result in immediate and irreparable damage to the Company and that the Company will be entitled to temporary and permanent injunctive relief and any other relief as a court may determine is appropriate. The Company is not liable in any way for content on a third party website that contains a link to the Site
The terms set out in this Legal Notice shall enure to the benefit of the Company, is employees, subsidiaries, affiliates and successors. The Company may assign its rights and duties under this Legal Notice at any time without notice to you. You may not assign your rights and duties set out herein to any individual or entity at any time without the consent of the Company.