LEGAL NOTICE, PRIVACY AND TERMS AND CONDITIONS OF USE

Access to and use of the Montreal Gateway Terminals Partnership web site (the “Web Site“) is subject to the following terms and conditions (the “Terms and Conditions“).

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THE WEB SITE, YOU HEREBY ACCEPT THE TERMS AND CONDITIONS. IN THE EVENT THAT YOU REFUSE TO ADHERE TO, AND COMPLY WITH, THE TERMS AND CONDITIONS, YOU MUST CEASE ACCESSING AND USING THE WEB SITE

Use of the Web Site

Reproduction, transfer, distribution or storage of part or all of the content of the Web Site in any form without the prior written consent of Montreal Gateway Terminals Partnership is prohibited, unless otherwise specified in the Terms and Conditions. However, Montreal Gateway Terminals Partnership consents that you may download one (1) copy of the content on your computer for your personal, non-commercial use, provided you keep intact all copyright, trade-mark, and other proprietary notices. You shall not modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Web Site.

Montreal Gateway Terminals Partnership reserves the right to require that you delete, destroy or otherwise remove any content of the Web Site that is used in a manner that in Montreal Gateway Terminals Partnership’s opinion is contrary to, or otherwise inappropriate, derogatory or offensive. All necessary fees necessary to access the Web Site, i.e. Internet access fees or access fees for a system having or providing access to content provided on the Internet, are your sole responsibility. Furthermore, it is your responsibility to procure and maintain in good working order any equipment required to ensure such connection to the network in addition to assuming all costs inherent in or relating to such services.

Modifications

Montreal Gateway Terminals Partnership reserves the right to amend the Terms and Conditions. By continuing to access and use the Web Site, you shall be deemed to have agreed to the amendments so made.

Availability

The information, products and services offered through or available on the Web Site are offered only in such jurisdictions, as the law will allow.

Privacy Protection

In order to offer you personalized information, products and services, Montreal Gateway Terminals Partnership may need to obtain some information which concerns you. In this respect, Montreal Gateway Terminals Partnership may use cookies (“Cookies“). Cookies are small text files sent to and stored on users’ computers when you access the Web Site and which allow the Web Site to recognize repeat users, facilitate users’ access to sites, and allow sites to compile aggregate data that will allow content improvements. If you do not want Cookies to be installed and accessible by Montreal Gateway Terminals Partnership, most web browsers allow users to deny or disable the use of Cookies. Please note, however, that Cookies may be necessary for the Web Site to operate properly or for certain functionality.

Any information collected by Montreal Gateway Terminals Partnership is conserved at our offices and is consulted only by our employees that are required to within their job definitions. Third parties do not have access to personal information which concerns you. For any modification, correction or deletion of any of your information, please send an e-mail to webmaster@mtrtml.com.

Links to third-party web sites

For your convenience, Montreal Gateway Terminals Partnership may from time to time include links to web sites that are owned or operated by third parties (“External Web Sites“). Such links to External Web Sites are provided for information or value-added purposes only.

By accessing External Web Sites, you understand that they are independent from Montreal Gateway Terminals Partnership, and that Montreal Gateway Terminals Partnership has no control over the content of External Web Sites and cannot assume any responsibility for materials created or published by External Web Sites. Montreal Gateway Terminals Partnership cannot be held liable for the availability of any information, material or other links provided on or from External Web Sites (the “External Material“) and assumes no liability for the accuracy, quality and completeness of the External Material, as Montreal Gateway Terminals Partnership does not and cannot exercise any control over it. Montreal Gateway Terminals Partnership cannot be held liable for any actual or alleged damage or harm occurring as a result of, or in connection with, the use of or reliance of External Material or any other material since Montreal Gateway Terminals Partnership does not and may not exercise any control over External Web Sites. You further agree that the provision of, and access to, any External Material does not constitute an endorsement or an approval of the External Material or its content.

It is your responsibility to ensure that you review and agree to the terms and conditions applicable to External Web Sites before using them.

Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY NATURE WHATSOEVER. Montreal Gateway Terminals Partnership PROVIDES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SITE AND OF THE NON-BREACH BY YOU OF THE RULES GOVERNING THE TERMS AND CONDITIONS.

Montreal Gateway Terminals Partnership DOES NOT WARRANT THAT:

1. THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS;
2. THE RESULTS OBTAINED BY USING THE WEB SITE WILL BE ACCURATE AND RELIABLE;
3. THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE SHALL MEET YOUR EXPECTATIONS;
4. ANY DEFECTS IN THE SOFTWARE AND APPLICATIONS, IF ANY, SHALL BE CORRECTED.

YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR FOR ANY LOSS OF DATA RESULTING FROM ANY DOWNLOADING OF MATERIAL OR USE OF THE WEB SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Montreal Gateway Terminals Partnership OR THROUGH THE USE OF THE WEB SITE SHALL CREATE ANY WARRANTIES NOT SPECIFICALLY PROVIDED FOR UNDER THESE TERMS AND CONDITIONS.

THE INFORMATION AND DATA PROVIDED OR MADE AVAILABLE THROUGH THE WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND MORE PARTICULARLY WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ABSENCE OF COUNTERFEIT.

THE WEB SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

THERE IS NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE, INCLUDING NO WARRANTY WITH RESPECT TO THE INFORMATION FROM THE SUPPLIERS THEREOF NOR ANY WARRANTY REGARDING THE TIMELINESS, TRUTH, COMPLETENESS, ACCURACY OR CONTINUITY OF THE INFORMATION OR DATA TRANSMITTED OR MADE AVAILABLE THROUGH THE WEB SITE.

Limitation of liability

TO THE EXTENT PERMITTED BY LAW, Montreal Gateway Terminals Partnership CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, CLIENTS, DATA OR ANY OTHER LOSS OF CORPOREAL OR INCORPOREAL PROPERTY, EVEN WHERE Montreal Gateway Terminals Partnership WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING AS A RESULT OF: (I) THE USE OR IMPOSSIBLE USE OF THE WEB SITE; (II) UNAUTHORIZED ACCESS TO THE WEB SITE BY A USER OR ANY CHANGES TO YOUR TRANSMITTAL PROCEDURES OR TO YOUR DATA BANK; (III) ANY INACCURACY, ERROR, DELAY, INTERRUPTION OR OMISSION IN THE INFORMATION OR DATA; (IV) ANY LOSS OR HARM CAUSED IN WHOLE OR IN PART BY EVENTS OR SITUATIONS BEYOND Montreal Gateway Terminals Partnership’S CONTROL WITH RESPECT TO THE OBTAINING, INTERPRETATION, COMPILATION, DRAFTING, FORMATTING, PRESENTATION OR DELIVERY OF INFORMATION, DATA OR OTHER SERVICES THROUGH THE WEB SITE; (V) TECHNICAL DEFECTS IN THE EQUIPMENT OR SOFTWARE OF ANY NATURE WHATSOEVER, UNAVAILABLE OR INTERRUPTED NETWORK INTERCONNECTIONS, OR THE FAILED, INCOMPLETE, DEFORMED OR DELAYED TRANSMITTAL OF COMPUTER DATA, WHETHER ATTRIBUTABLE TO YOU, TO Montreal Gateway Terminals Partnership OR TO A THIRD PARTY OR TO ANY PART OF THE EQUIPMENT OR PROGRAMMING RELATING TO THE WEB SITE OR USING THE WEB SITE; OR (VI) ANY DECISION OR MEASURE TAKEN BY YOU BASED ON THE INFORMATION OR DATA OBTAINED THROUGH THE WEB SITE.

Indemnity

You agree to defend, indemnify and hold Montreal Gateway Terminals Partnership harmless from any and all liabilities, costs and expenses including reasonable attorney’s fees, related to any violation of the Terms and Conditions by you or in connection with the use of the Web Site or the placement or transmission of any information or contents on the Web Site by you.

Property

Any content and material, including, without limitation, any software, information, data, image, music, photograph, text, application, video, message, sound or any other material included in the Web Site (the “Material“) are the exclusive property of Montreal Gateway Terminals Partnership or are granted under licence to Montreal Gateway Terminals Partnership and cannot be reproduced or copied by any process whatsoever and are protected under applicable intellectual property laws and all other applicable laws.

Except as specifically permitted herein, no portion of the Material may be reproduced in any form or by any means without the prior written consent from Montreal Gateway Terminals Partnership.

The trade-marks and logos displayed on the Web Site are the property of Montreal Gateway Terminals Partnership or other third parties (the “Trade-marks“). You are not permitted to use the Trade-marks without the prior written consent of Montreal Gateway Terminals Partnership or such third party which may own the Trade-marks.

Termination

Montreal Gateway Terminals Partnership can terminate in whole or in part your right to access the Web Site, for any reason, including, without limitation, if Montreal Gateway Terminals Partnership has cause to believe that you have breached the Terms and Conditions.

Under no circumstances can Montreal Gateway Terminals Partnership be held liable to you or to any third party for any damage or loss resulting from the termination of your access to the Web Site.

Miscellaneous

The Terms and Conditions constitute the entire agreement between Montreal Gateway Terminals Partnership and you with respect to the use of the Web Site. However, such Terms and Conditions are supplementary to all principal agreements between you and Montreal Gateway Terminals Partnership, which agreements shall take precedence over the Terms and Conditions in the event of a conflict or contradiction, including, without limitation, cash account and margin account agreements. You may also be subject to specific additional conditions of use governing certain third-party services, content and software, which additional conditions shall be communicated to you upon access to such services, content or software.

Montreal Gateway Terminals Partnership’s failure to exercise its rights under this agreement does not constitute a waiver of such rights.

In the event that any provision of these Terms and Conditions is declared illegal, unenforceable or void by a court decision, the other provisions shall remain valid and shall continue to apply.

Section headings are for information purposes only.

Applicable Law

The Terms and Conditions of the Web Site as well as any applicable additional conditions are governed by the laws of the Province of Quebec and by any federal laws applicable thereto.

Language

It is the express wish of the parties that these Terms and Conditions, and any related documents, be drawn up in English. Les parties conviennent que la présente convention et tous les documents afférents soient rédigés en anglais.

Last Update

The Terms and Conditions were last updated on March 9th, 2007.

Acknowledgement

You acknowledge having read these Terms and Conditions of the Web Site.

Contact

If you have any questions or comments relating to the management of personal information, the use of Cookies or any other matter concerning the Web Site, you may send an e-mail to webmaster@mtrtml.com.