Conditions of Use
This website (the "Website") is owned and operated by Gabriel Resources Ltd ("Gabriel" or the "Company") and is made available to you subject to your acceptance of, and compliance with, the terms and conditions of this legal notice ("Legal Notice"). Please read this Legal Notice carefully before using the Website.
By accessing and/or using any material contained on or accessible via the Website, you agree to and confirm your acceptance of the terms and conditions contained in this Legal Notice. If you do not agree to any term or condition, you should not access or otherwise use of any material contained on or accessible via the Website.
Gabriel reserves the right to modify this Legal Notice at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of, and agreement to be bound by, the terms and conditions of this Legal Notice as modified.
THE WEBSITE AND THE MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. The information contained on the Website is not, and under no circumstances is to be construed as, a prospectus, an advertisement, a public offering, an offer to sell securities described herein, solicitation of an offer to buy securities described herein, in Canada or any province or territory thereof. Under no circumstances is the information contained on the Website to be construed as investment advice in any province or territory of Canada and is not tailored to the needs of the recipient.
No securities commission or other regulatory authority in Canada or any other country or jurisdiction has reviewed or in any way passed upon the information contained on the Website and no representation or warranty is made by Gabriel to that effect. The information on the Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Gabriel and should not be used for the purpose of making investment decisions concerning Gabriel securities.
Accuracy of Information
While Gabriel has made reasonable efforts to ensure the accuracy of the information available on the Website and will update such information regularly, such information is not intended to be an up to date comprehensive review of all matters and developments concerning Gabriel and Gabriel not give, and you do not receive, any representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, including all claims or information contained on the Website. You acknowledge and agree that the content available on the Website may not always be the most current source of information with respect to Gabriel, and you further agree that Gabriel accepts no responsibility for, and shall have no liability for any failure to update the contents of this Website in a timely fashion, or at all.
Material information relating to Gabriel may be disclosed by way of press release or in statutory public filings prior to posting such information on the Website. Information on the Website, including material information, may have been modified, superseded, replaced or supplemented by more current information disclosed in such press releases or in such statutory public filings with the Canadian securities regulatory authorities. These and other materials are available from the System for Electronic Document Analysis and Retrieval web site at www.sedar.com.
Cautionary Note regarding the Core Focus of Gabriel
Given that the ICSID Arbitration is the Company’s core focus, the information set out on this website relating to the Roşia Montană Project, the License, Gabriel’s exploration and development activities in Romania, the Project approval and permitting process and reported gold and silver resources and reserves is for background purposes only and should not be interpreted as being indicative of Gabriel’s current expectations regarding the future development of the Roşia Montană Project.
Cautionary Note on Forward–Looking Statements
The Website and the materials posted on it contain “forward-looking information” (also referred to as “forward-looking statements”) within the meaning of applicable Canadian securities legislation. Forward-looking statements are provided for the purpose of providing information about Gabriel’s current expectations and plans and allowing investors and others to get a better understanding of the Gabriel’s operating environment. All statements, other than statements of historical fact, are forward-looking statements.
Forward-looking statements are necessarily based upon a number of estimates and assumptions that, while considered reasonable by Gabriel at this time, are inherently subject to significant business, economic and competitive uncertainties and contingencies that may cause Gabriel’s actual financial results, performance, or achievements to be materially different from those expressed or implied herein. Some of the material factors or assumptions used to develop forward-looking statements include, without limitation, the uncertainties associated with: the ICSID Arbitration, actions by the Romanian Government, conditions or events impacting the Gabriel’s ability to fund its operations or service its debt, exploration, development and operation of mining properties and the overall impact of misjudgments made in good faith in the course of preparing forward-looking information.
Forward-looking statements involve risks, uncertainties, assumptions, and other factors including those set out below, that may never materialize, prove incorrect or materialize other than as currently contemplated which could cause the Gabriel’s results to differ materially from those expressed or implied by such forward-looking statements. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, assumptions or future events or performance (often, but not always, identified by words or phrases such as “expects”, “is expected”, “anticipates”, “believes”, “plans”, “projects”, “estimates”, “assumes”, “intends”, “strategy”, “goals”, “objectives”, “potential”, “possible” or variations thereof or stating that certain actions, events, conditions or results “may”, “could”, “would”, “should”, “might” or “will” be taken, occur or be achieved, or the negative of any of these terms and similar expressions) are not statements of fact and may be forward-looking statements.
Numerous factors could cause actual results to differ materially from those in the forward-looking statements, including without limitation:
- the outbreak of the coronavirus (COVID‐19) may affect the Company’s operations and/or the anticipated timeline for the ICSID Arbitration;
- the geo-political situation and the resulting economic developments arising from the unfolding conflict and humanitarian crisis as a consequence of the Russia-Ukraine conflict;
- the duration, costs, process and outcome of the ICSID Arbitration;
- Romania’s actions following the inscription of the “Roşia Montană Mining Landscape” as a UNESCO World Heritage site;
- changes in the liquidity and capital resources of Gabriel, and/or the group of companies of which it is directly or indirectly parent ("Group");
- access to funding to support the Group’s continued ICSID Arbitration and/or operating activities in the future;
- equity dilution resulting from the conversion or exercise of new or existing securities in part or in whole to common shares of Gabriel;
- the ability of the Company to maintain a continued listing on the TSX Venture Exchange or any regulated public market for trading securities;
- the impact on business strategy and its implementation in Romania of: any allegations of historic acts of corruption, uncertain fiscal investigations; uncertain legal enforcement both for and against the Group and political and social instability;
- regulatory, political and economic risks associated with operating in a foreign jurisdiction including changes in laws, governments and legal regimes and interpretation of existing and future fiscal and other legislation;
- global economic and financial market conditions;
- volatility of currency exchange rates; and
- the availability and continued participation in operational or other matters pertaining to the Group of certain key employees and consultants.
This list is not exhaustive of the factors that may affect any of Gabriel’s forward-looking statements.
Investors are cautioned not to put undue reliance on forward-looking statements, and investors should not infer that there has been no change in the Gabriel’s affairs since the date of this press release that would warrant any modification of any forward-looking statement made in this document, other documents periodically filed with or furnished to the relevant securities regulators or documents presented on the Gabriel’s website. All subsequent written and oral forward-looking statements attributable to Gabriel or persons acting on its behalf are expressly qualified in their entirety by this notice. Gabriel disclaims any intent or obligation to update publicly or otherwise revise any forward-looking statements or the foregoing list of assumptions or factors, whether as a result of new information, future events or otherwise, subject to the Gabriel’s disclosure obligations under applicable Canadian securities regulations. Investors are urged to read the Company’s public filings which can be reviewed on the SEDAR website (www.sedar.com).
Disclosure of Mineral Technical Information
Readers are advised that National Instrument 43-101 Standards of Disclosure for Mineral Projects of the Canadian Securities Administrators requires that each category of mineral reserves and mineral resources be reported separately. All scientific and technical information about our mineral properties is subject to the more detailed information filed by Gabriel with securities regulators. Readers should refer to Gabriel's latest annual information form, technical reports and other continuous disclosure documents filed by Gabriel with the applicable securities regulatory authorities available at www.sedar.com, for this detailed information, which is subject to the qualifications, assumptions and notes set forth therein.
Certain scientific and technical information regarding the Project contained on the Website is extracted or derived from the Company’s “Technical Report on the Rosia Montana Gold and Silver Project Transylvania, Romania” with an effective date of October 1, 2012, which is filed under the Company’s SEDAR profile at www.sedar.com. SRK Consulting (UK) Ltd (“SRK”), authored the Technical Report under the supervision of Dr. Mike Armitage C.Eng C.Geol, who is considered an independent qualified person for the purposes of National Instrument 43-101 – Standards of Disclosure for Mineral Projects (“NI 43-101”) guidelines. All Mineral Resources and Mineral Reserves statements contained in the Technical Report are classified in accordance with the Canadian Institute of Mining, Metallurgy and Petroleum’s “CIM Standards on Mineral Resources and Reserves, Definitions and Guidelines” as per the requirements of NI 43-101. For more information with respect to the data verification procedures undertaken and the key assumptions, parameters and risks associated with the foregoing scientific and technical information, please refer to the Technical Report, a copy of which is filed under the Company’s SEDAR profile.
Cautionary Note to United States Investors Concerning Estimates of Measured, Indicated and Inferred Resources
This website uses the terms "Measured", "Indicated" and "Inferred" Resources. United States investors are advised that while such terms are recognized and required by Canadian regulations, the United States Securities and Exchange Commission does not recognize them. "Inferred Mineral Resources" have a great amount of uncertainty as to their existence, and as to their 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. Subject to certain exceptions, under Canadian securities laws, estimates of Inferred Mineral Resources may not form the basis of feasibility or other economic analyses. United States investors are cautioned not to assume that all or any part of Measured or Indicated Mineral Resources will ever be converted into Mineral Reserves. United States investors are also cautioned not to assume that all or any part of an Inferred Mineral Resource exists, or is economically or legally mineable.
Ownership of Intellectual Property
Gabriel or its third-party service providers own all right, title and interest in the Website, including all trade-marks, trade names, designs and logos, and the layout, selection and arrangement of the Website and its features are subject to copyright, trade-mark and other intellectual property rights of Gabriel or its licensors, and to international laws and treaties protecting intellectual property. All rights not expressly granted are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website grants you any rights in or to the intellectual property or proprietary rights of Gabriel or any third party. You may not frame this Website nor link to this Website without Gabriel's express permission.
Any other copying, reproduction, publication or republication, modification, download, upload, posting, distribution, dissemination or transmission of the contents of this Website is prohibited and constitutes infringement and violation of the intellectual property and other rights of Gabriel.
The Website contains hyperlinks and pointers to other websites which are maintained by third parties ("Linked Sites"). The Linked Sites are provided for your convenience and information only.
The content in any Linked Site has not been reviewed by Gabriel, is not under Gabriel's control, and Gabriel is not responsible for the content, including any further links, in a Linked Site. If you decide to access a Linked Site, you do this entirely at your own risk. Gabriel does not endorse or make any representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including any goods or services sold or made available. Gabriel disclaims all liability and responsibility for the content of the Linked Sites. Nothing in this Legal Notice grants you any rights or authorization with respect to any Linked Sites.
Stock Quotes and Metal Pricing
Gabriel does not guarantee the sequence, accuracy or completeness of any stock quotes available on the Website or other data displayed, and is not liable or responsible in any way for any delays, inaccuracies or errors in any stock price information or data or in the transmission of any stock price information or data or any investment decisions based on the stock quotes. Any Stock price information or data provided is not to be relied upon for any trading, business or financial purpose and Gabriel will not be liable or responsible in any way for any damages, losses or costs arising from reliance upon this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the stock quotes or data.
Internet Software or Computer Viruses
Gabriel does not warrant that the Website will be free of viruses, worms, Trojans, spyware, malware or any other malicious or destructive content or code, or the results of hacking, cracking or other malicious human activities (collectively, the "Threats"). You access, view, download and use the contents of the Website solely at your own risk and you warrant and represent that you have taken reasonable precautions by way of, without limitation, purchase and use of the latest anti-virus and other technological means to avoid any loss or damage to you from any of the Threats. You further agree that the Internet is an inherently insecure and not fully dependable medium and that data and information may be lost, modified, distorted or intercepted in transit and that Gabriel shall have no liability whatsoever for any such loss, modification, distortion or interception.
Exclusion of Liability and Indemnity
Gabriel, its affiliates, subsidiaries, successors and assigns, or any of their respective officers, directors, employees, suppliers, representatives or agents, shall not be liable for any claims, expenses, damages (including direct, indirect, special, punitive or consequential damages), loss of profits, opportunities or information arising from:
- the use of, or reliance on, information contained in the Website;
- any inaccuracy or omission in such information or failure to keep the information current;
- use of any third party websites linked or referred to the Website;
- any delays, inaccuracies or errors in, or in the transmission of, any stock price quotes or historical price data on this Website;
- any Internet software used in connection with the Website or computer viruses or other destructive programs encountered as a result of using the Website; and
- any other matter connected with the Website; even if Gabriel is made aware of the possibility of such claims, expenses, damages or losses.
You agree to indemnify and hold Gabriel, its affiliates, subsidiaries, successors and assigns, or any of their respective officers, directors, employees, suppliers, representatives or agents and service providers, harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all costs and legal fees) arising out of your breach of this Legal Notice or any policies.
Compliance with Laws
In addition to complying with this Legal Notice, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website and the construction, interpretation, validity and effect of this Legal Notice, notwithstanding your physical location, jurisdiction, residence or domicile. Subject to the rights of Gabriel to commence an action for equitable or injunctive relief in any court of competent jurisdiction to restrain any breach of this Legal Notice by you, you hereby attorn and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this Website and undertake and agree to not commence any action or proceeding except in Ontario, Canada.
This Legal Notice, any and all other notices, policies and statements contained on the Website (as the same may be amended by Gabriel from time to time without prior notice) constitute the entire agreement between Gabriel and you with respect to the Website. This Legal Notice cannot be modified except as described elsewhere herein. This Legal Notice supercedes anything in the Website inconsistent with this Legal Notice. No waiver of any of this Legal Notice shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of this Legal Notice is held to be unenforceable by a court of competent jurisdiction, such part of this Legal Notice shall be restricted or eliminated to the minimum extent necessary and the remaining Legal Notice shall otherwise remain in full force and effect.
Last updated: January 27, 2023