Bayman Texan Energy Corp.

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Terms of Use

Please read the following carefully as use of this Website constitutes acceptance of the following.

Terms and Conditions for Viewing this Website

Your use of this website ("Website") of Bayman Texan Energy Corp. ("Bayman Texan Energy") constitutes acceptance of the terms and conditions contained in this Website Terms of Use (hereinafter referred to as this "Agreement"). The consideration for this Agreement includes your being provided with access to this Website and the Information (as defined below). Any downloading, viewing or use of the Information is conditional on your acceptance of this Agreement and further constitutes and confirms your acceptance of this Agreement. This Agreement defines the limited license granted to you, contains disclaimers, indemnities and limitations, and limits your legal rights. If you do not accept and agree to this Agreement, you must not access or use this Website.

Limited License

Conditional on your accepting and entering into this Agreement with Bayman Texan Energy, Bayman Texan Energy grants a limited, revocable, non-exclusive, personal and temporary license to access, download, display, view, print and save information and content available on or through this Website (the "Information") for your own personal and non-commercial use. You do not own the Information. This Agreement does not give you permission to modify the Information, to publish, distribute or disseminate the Information, to create or develop compilations or derivative works based on or incorporating the Information, to convert the Information into another format, or to remove any proprietary notices or to use the Information in any other manner except as expressly permitted in this Agreement. The license granted under this Agreement may be terminated at any time by Bayman Texan Energy without cause or notice and without any liability whatsoever to you.

Intellectual Property Rights

The Website and the Information (other than Links and Third Party Websites, described below), including all trade-marks, trade names, designs and logos, together with the design, selection, arrangement and layout of the Website, including its elements and features, are subject to copyright, trade-mark and other intellectual property rights of Bayman Texan Energy, or its licensors, and are subject to international laws and treaties protecting intellectual property. All rights not expressly granted by this Agreement are reserved.

Framing of this Website or its contents, including the Information, or linking to internal pages of this Website other than the home page located at http://www.bayman-texan.com is prohibited without the written permission of Bayman Texan Energy

Bayman Texan Energy, Bayman Texan Energy Corp., and any and all related logos, graphics and designs are trade-marks of Bayman Texan Energy Corp., or its licensors, all rights reserved.

Forward-Looking Statements

This Website is maintained by Bayman Texan Energy as an informational service for convenience only, and the Information is not intended to supplement or substitute for the information or documents filed by Bayman Texan Energy pursuant to applicable securities or other laws.

In the interest of providing you with information regarding Bayman Texan Energy, including management's assessment of Bayman Texan Energy's future plans and operations, the Information may include "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995 and "forward-looking information" within the meaning of applicable Canadian securities legislation (collectively, "Forward-Looking Statements"). In some cases, Forward-Looking Statements can be identified by terminology such as "anticipate", "believe", "continue", "could", "estimate", "expect", "forecast", "intend", "may", "objective", "ongoing", "outlook", "potential", "project", "plan", "should", "target", "would", "will" or similar words suggesting future outcomes, events or performance. While Bayman Texan Energy will take reasonable steps to ensure that any Forward-Looking Statements are current at the time of posting on the Website, you acknowledge and agree that all such Forward-Looking Statements are subject to a number of assumptions, risks and uncertainties that may cause actual results to vary from those expressed or implied.

You agree that in no case will Bayman Texan Energy be liable for any difference between actual results and the contents of the Forward-Looking Statements, and you further agree that Bayman Texan Energy shall have no obligation, now or at any time in the future, to update, revise, edit, modify or delete the Forward-Looking Statements, the Information, or other contents of this Website, or any portion thereof, in a timely fashion or at all. Bayman Texan Energy does not give any guarantee, condition, representation or warranty as to the accuracy, completeness, validity, currency, sufficiency, availability or reliability of the Forward-Looking Statements or of the Information.

You acknowledge and agree that information or documents contained in this Website: (i) has been filed, or may have been filed by Bayman Texan Energy pursuant to applicable securities or other laws and such information or documents are not the official versions of the disclosure documents of Bayman Texan Energy; and (ii) should be read in conjunction with the information and documents filed by Bayman Texan Energy pursuant to applicable securities or other laws, including the assumptions, risks and uncertainties relating to Bayman Texan Energy and the Forward-Looking Statements. If you wish to obtain official copies of any such documents, you will do so either from the applicable securities regulatory authorities or from Bayman Texan Energy.

Application of Alberta Law

Subject to the rights of Bayman Texan Energy to seek equitable relief in any court of competent jurisdiction as provided in this Agreement, the laws of the Province of Alberta, Canada, and the laws of Canada applicable therein, will govern the interpretation, validity and effect of this Agreement. You irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Alberta, sitting at Calgary, without regard to their conflicts of laws provisions. The foregoing will in all cases apply notwithstanding your physical location, jurisdiction, residence or domicile.

Disclaimers and Limitations

The Website and the Information are made available for general informational purposes only and subject always to this Agreement. The Information, including the Forward-Looking Statements, does not constitute investment, financial, business, tax, legal or other advice of any kind. You agree, warrant and represent that you will not take any steps or actions, or refrain from taking any steps or actions, in reliance on, or based on, or because of the Information, or any portion thereof, including, without limitation, the Forward-Looking Statements, and that you will in all respects adhere to all provisions of this Agreement. You will indemnify and forever save harmless Bayman Texan Energy, its subsidiaries and affiliates and their respective directors, officers, employees, servants or agents from any damages arising out of any breach by you of the foregoing warranties and representations.

THE WEBSITE IS PROVIDED STRICTLY ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. BAYTEX GIVES NO WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS THAT THE WEBSITE WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ANY TIME OR AT ALL.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BAYTEX, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY LOSS, CLAIM, COST OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF ANY USE OF OR MISUSE OF, OR DOWNLOADING OR VIEWING OF, OR INTERPRETATION OF OR RELIANCE UPON, THE INFORMATION OR THIS WEBSITE, WHETHER AUTHORIZED OR UNAUTHORIZED, OR ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THIS WEBSITE OR THE INFORMATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS LOSS, HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED RESULTS, PROFITS OR SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF OR DAMAGE TO DATA OR COMPUTER SYSTEMS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OR DAMAGE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY OR BREACH OF ANY DUTY.

YOU AGREE THAT THE FOREGOING SHALL APPLY EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF BAYTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

YOU FURTHER AGREE THAT, IN ANY EVENT, THE TOTAL AGGREGATE DAMAGES FOR WHICH BAYTEX MAY BE LIABLE TO YOU WITH RESPECT TO OR ARISING OUT OF ANY OF THE FOREGOING, OR THE CONTENT OR THE WEBSITE, OR ANY CLAIM OF ANY KIND ARISING UNDER THIS AGREEMENT OR OTHERWISE SHALL BE IN ALL CASES LIMITED TO A MAXIMUM SUM OF $100.00 IN CANADIAN CURRENCY.

Insecurity of the Internet

You acknowledge your understanding that the Internet, including email, is an insecure and not fully dependable medium or means of communication or of obtaining information and that data and information may be lost, modified, distorted, intercepted, reviewed or read while in transit. Further, the Information may not be complete or accurate when accessed, downloaded, viewed or used by you. You agree that Bayman Texan Energy shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Information.

You also agree that, while you may send email messages to Bayman Texan Energy by use of links in this Website, where and when the same are available, which availability Bayman Texan Energy does not warrant or represent, or otherwise, you understand the risks of using email. Bayman Texan Energy cannot ensure that an email from you will not be intercepted or altered in transit, or that Bayman Texan Energy will in fact receive it. If you wish to send information securely and confidentially to Bayman Texan Energy, or if you wish to be sure that Bayman Texan Energy responds to you, you will not use email.

Any personal information sent by you to Bayman Texan Energy will be considered to be provided with consent, and will be subject to Bayman Texan Energy's Privacy Statement, a copy of which is accessible on the Website.

Equitable Remedies

In the event of any breach by you of this Agreement, and in addition to and not in substitution of any other right or remedy Bayman Texan Energy may have, Bayman Texan Energy shall have the right to seek equitable relief, including an injunction or order for specific performance, in any court of competent jurisdiction, without the necessity of proving that damages are not an adequate remedy or of posting any security or bond.

Changes to this Agreement

You agree that Bayman Texan Energy may modify or replace this Agreement at any time and may provide you with good and sufficient notice of any and all such modifications or replacements by posting the changed version on the Website. You agree that it is your responsibility to check for such changes each time you access or use the Website or the Information, and each such access or use will confirm your acceptance of this Agreement, including any changes made.

Links and Third Party Websites

Links to third party websites contained in the Website are provided to you as a convenience only. Such links are accepted by you "as is", "where is" and "as available" and subject to the disclaimers and limitations set forth in this Agreement. Your use of such links will take you to websites that are controlled by third parties and not Bayman Texan Energy, and that are subject to change at any time. Bayman Texan Energy accepts no obligation to monitor or police such links, or to change or remove them should the content of any such third party linked website be unavailable or objectionable, or any liability should it not do so in a timely fashion or at all. You therefore access such third party websites solely at your own risk and agree that in no event shall Bayman Texan Energy be liable for the contents of any such website, or for any reliance by you upon such website or use of its contents.

  

Privacy Statement

Effective date: December 9, 2010

Application

This Privacy Statement is published by Bayman Texan Energy Corp. ("Bayman Texan Energy", or "we", "us", "our", etc.). Bayman Texan Energy is committed to maintaining and protecting all personal information in its possession or under its control in accordance with privacy legislation applicable to Bayman Texan Energy.

This Privacy Statement is a summary of the practices and policies of Bayman Texan Energy governing this website ("Website") and is applicable to the personal information of visitors to this Website. A more comprehensive summary of our privacy policies is available from us on request. We may from time to time revise this Privacy Statement to reflect any changes in our procedures regarding personal information and post the revised version of this Privacy Statement on this Website. Upon posting, any such revised Privacy Statement will come into effect.

Terminology

Personal information means information about an identifiable individual. This does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified, nor does it include business contact information used to contact an individual in their capacity as an employee or official of an organization.

Privacy and this Website

Simply visiting this Website does not result in our collecting any personal information from you. However, you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and your "IP" or Internet address, which may identify your Internet Service Provider or computer but generally not the person using it.

Bayman Texan Energy does use "cookies" to track the movements of users through the Website, but we do not use cookies to collect personal information.

Security

Bayman Texan Energy takes reasonable steps to ensure the accuracy and security of the personal information in its custody or control. However, please be advised that the Internet and email are inherently insecure media, and we accept no liability for the security or privacy of personal information in transit over the Internet.

Consent

By accessing this Website, you confirm your consent to the contents of this Policy. If you do not agree with the contents of this Policy, or to our collection, use or disclosure of personal information as described in this Policy, then you may not access this Website.

It is our policy to generally collect, use and disclose personal information only with your consent, but we reserve our right to do so without consent where required to do so, or where permitted to by law, such as, for example, in course of an investigation or in relation to a legal proceeding.

For example, when you request financial information for investment purposes, we will assume your consent to the collection, use or disclosure of your personal information for purposes related to that request for information, or for other purposes identified by you at the time.

We do not sell your personal information to any third party for marketing or other purposes.

Bayman Texan Energy will honour your right to refuse consent and to withdraw a consent previously granted, but Bayman Texan Energy in all cases reserves its legal rights to retain personal information for reasonable business or legal purposes. Refusal or withdrawal of consent may make it impossible for us to provide, or continue to provide, services or information to you, in which case Bayman Texan Energy will advise you of any such consequences.

Unsolicited or Voluntary Personal Information

If you choose to voluntarily submit personal information to us by email, online forms or other means, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If you request ongoing provision of information, or if otherwise reasonable for Bayman Texan Energy to do so, we may communicate further with you after our initial response with information that may be useful, but, if so, in most cases, our policy with ongoing communications with you is to include instructions on how to terminate receiving such further information. We may share your personal information with our employees or contractors if reasonable to do so having regard to the purposes for which you have provided us with your information. It is important that any information you provide to us is up to date and accurate so, if you have provided personal information to us, we request that you keep us informed of any changes to your personal information.

From time to time, Bayman Texan Energy may have in force acceptable use policies with respect to our computers, systems and email received by and sent from Bayman Texan Energy. In order to enforce such policies, we reserve the right, but not the obligation, to intercept and review the contents of email, including any personal information provided by the recipients, authors or originators of email messages. Users of our systems and computers have no expectation of privacy and, by using email as a means of communication with us, you consent to such interception and monitoring.

Other Websites

Please note that our Website may contain links to other websites which are provided as a convenience for visitors to our Website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties or their websites.

Access to Personal Information

Bayman Texan Energy recognizes that individuals generally have the right of access to personal information and the right to request the correction of errors in such information. Bayman Texan Energy will accommodate such requests in accordance with all legal requirements.

To obtain more information about our privacy policies, or to change or withdraw your consent under this Privacy Statement, or to request access to your personal information, you may write to our Privacy Officer at:

  • Bayman Texan Energy Corp.
    Attn: Privacy Officer
    2800, 520 – 3rd Avenue S.W.
    Calgary, Alberta T2P 0R3
  • Telephone: (587) 952-3000
    Fax: (587) 952-3029
  

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