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PRIVACY POLICY

TERMS OF USE

Last Updated: June 30, 2004

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THE CONDITIONS, DO NOT ACCESS ANY OF OUR ONLINE INFORMATION AND CEASE FROM FURTHER USE OF THIS SITE. CRYSTALLEX INTERNATIONAL CORPORATION (“CRYSTALLEX”) RESERVES THE RIGHT TO UPDATE AND AMEND THE SITE, THE INFORMATION ON THE SITE AND THE TERMS OF USE THEREOF AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE. BY ACCESSING THE SITE YOU FURTHER AGREE TO SUCH UPDATES AND AMENDMENTS.

 

USERS ACCESS THIS SITE AND USE THE SITE AT THEIR OWN RISK. IN NO EVENT WILL CRYSTALLEX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF BY ANY PARTY, OR THE INABILITY OF ANY PARTY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF CRYSTALLEX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AUTHORIZED REPRESENTATIVES ARE RESPONSIBLE FOR SUCH DAMAGES, LOSSES OR EXPENSES, OR AWARE OF, OR ADVISED OF, THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

Terms of Use

 

References to Crystallex in this Terms of Use agreement include Crystallex International Corporation and all subsidiaries, affiliates and related companies of Crystallex International Corporation.

 

Crystallex does not warrant or make any representations or claims as to the accuracy, validity, completeness or otherwise of this information or the timeliness of its presentation, and expressly disclaims liability for errors or omissions in, or the failure to update any of this information. No warranty of any kind, implied, express, or statutory is given in conjunction with the information presented on his site or related hereto. In addition, computer hardware and program limitations or failures and internet transmission problems could produce inaccurate or incomplete transmission of information and inaccurate or incomplete copies of documents or other material on the site. The information, documents and materials available on this site are provided for the general information of the user and are not intended to provide specific legal, accounting, financial or tax advice to any user. Users are cautioned to consult their own professional advisers when interpreting information, documents and materials provided. Crystallex shall not be liable or responsible for any claim or damage, direct or consequential, arising out of the interpretation, reliance upon or other use, authorized or unauthorized, of such information documents or materials. As a condition of the use of this site, the user agrees to hold Crystallex and its directors, officers, employees agents, contractors and authorized representatives harmless against any claims or liability for damages or costs or any loss of any kind arising out of the access to or use of this site or the use of any information, documents or materials presented in or accessed through this site.

 

Forward Looking Statement

 

This site contains certain forward-looking statements and information regarding Crystallex’s financial position, business strategy and plans and objectives of its management for future operations that derive from management’s beliefs and assumptions based on information currently available. The statements and information are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. When used in this site, the words "anticipate," "believe," “intend,” "estimate," "expect," "will," "could," "may" and similar expressions intend to identify forward-looking statements, but the fact that any of these words does not appear does not mean that the statement is not forward-looking. Forward-looking statements, which appear in this site, describe, among other things, risks and uncertainties, and reflect management’s current views with respect to future events. Actual results could differ materially from those contemplated by the forward-looking statements. Important factors that could cause actual results to differ materially from the Company's expectations are disclosed under the heading "Risk Factors" and elsewhere in documents, including but not limited to its annual information form (“AIF”) and its annual report on Form 20-F, filed from time to time with the Canadian provincial securities regulators, the United States Securities and Exchange Commission (“SEC”), and other regulatory authorities. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results, whether financial or otherwise, may vary materially from those described on this site. This paragraph expressly qualifies all subsequent written and oral forward-looking statements attributable to Crystallex or persons acting on its behalf as disclosed on this site or elsewhere.

 

Cautionary Note to Investors

 

We use certain terms in this site, such as "resource," “measured resource”, “indicated resource” and "inferred resource," that the SEC guidelines strictly prohibit us from including in our filings with the SEC. Furthermore, reserves have been calculated in accordance with NI 43-101, as required by Canadian securities regulatory authorities. For United States reporting purposes, however, a full feasibility study is required in order to classify mineral deposits as reserves, since the SEC permits mining companies, in their filings with the SEC, to disclose only those mineral deposits that a company can economically and legally extract or produce. Therefore, the amount of reserves may differ for Canadian and US reporting purposes.

 

No information contained on this site is to be considered as an offer to sell or a solicitation to buy any securities in any jurisdiction. Unless expressly stated to the contrary, information, documents and materials filed or disclosed in accordance with the requirements of corporate securities legislation of Ontario, Canada, the U.S.A. or other jurisdictions applicable to Crystallex are not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this site.

 

The information, documents and materials available on this site are provided for information purposes only. Users are referred to statutory filings and disclosure of Crystallex on SEDAR in Canada and EDGAR in the U.S.A. for certified and/or official copies of disclosure documents.

 

Certain links on this site lead to sites maintained by independent parties and Crystallex has control over the accuracy, validity, or currency of the information, documents or materials on such sites or the timeliness of its presentation. Crystallex makes no representation as to the accuracy, validity or currency of such information, documents or materials, the timeliness of its presentation, or any other aspect of the information contained on such sites. Crystallex expressly disclaims any responsibility for the content, security or privacy practices of such sites.

 

Information Provided by User

 

Crystallex does not accept the submission of user information on this site and intends that this site be use solely for the purposes of disseminating information to users accessing this site. Users are invited to provide email addresses for the purposes of future contact by Crystallex. Users acknowledge and agree that any information submitted submit is insecure and could be observed by a third party while in transit. If you are submitting an email address that you would like to keep private, please submit the information by other means. Crystallex does not intend to disseminate information provided to it but Crystallex gives no representation of undertakings to users that such information will remain private and that such information may not be disclosed to third parties. Because this site is not intended to accept user information, save and except for the limited purposed outlined above, Crystallex has not implemented and will not enforce a privacy policy in respect of the site.

 

Use of Site

 

Any conduct by the user of this site that is contrary to applicable law or regulation is prohibited. Prohibited activities include, but are not limited to:

  • Uploading or disseminating material which violates copyright or intellectual property rights. The user assumes all risk regarding whether material is in the public domain,
  • Circumventing or attempting to impair user authentication or the security of this site, related databases, host servers, or networks;
  • Introduction of malicious programs (such as viruses, worms, Trojan horses, e-mail bombs) into the site or servers, and
  • Fraudulent activities, including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature.

Users are responsible for any misuse of the site that originate from their respective IP addresses.

 

Users hereby authorize Crystallex to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at internet service providers or other network or computing facilities in order to enforce prohibited or unauthorized use of this site.
 
Computer Virus

 

CRYSTALLEX has taken reasonable precautions to ensure this site is and will continue to be free of computer viruses. Nevertheless, users are advised to install and employ appropriate anti-virus or other protective software. CRYSTALLEX DISCLAIMS ANY AND ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS THAT MAY BE INADVERTENTLY DOWNLOADED FROM THIS SITE.

 

Governing Law and Enforcement

 

This site will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the principles of conflicts of law. As visitors access this site on a server in Ontario, Canada, the information contained in this site is deemed to be provided in Ontario and is subject to Ontario law and the laws of Canada applicable therein. If you access this 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.
 
The failure of Crystallex to enforce any term of these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of these Terms of Use is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.