See Also: Privacy Notice
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS UNITED STATES’ USERS RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.
Acceptance of Legal Notice
This Legal Notice is a legally binding contract between you and the Teck entity identified in the section titled “Governing Law and Forum Selection” below. When we refer to “Teck” in this Legal Notice, we refer to the specific Teck entity that contracts with you per the “Governing Law and Forum Selection” section below.
By using our Website, you confirm that: (a) you are over the age of majority in your jurisdiction and can form a binding contract with Teck; (b) you accept this Legal Notice; and (c) you agree to comply with this Legal Notice. If you do not meet these requirements, you must not access or use any of our Website. We recommend that you print or save a local copy of this Legal Notice for your records.
If you are using our Website on behalf of an organization, then you are agreeing to this Legal Notice on behalf of that organization and by doing so, you are promising to Teck that you have the authority to bind that organization to this Legal Notice (in which event, "you" and "your" will refer to that organization).
You may not use our Website if you breach this Legal Notice, if your permission to use our Website has been suspended or terminated by Teck, or if this Legal Notice as it applies to you have otherwise been terminated.
Changes to this Legal Notice
We reserve the right in our sole and absolute discretion to revise and update this Legal Notice from time to time. All changes are effective immediately upon posting and apply to your continued access to and use of our Website. We may post or send reminders and summary information about material changes to this Legal Notice, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review them. You agree to periodically review this Legal Notice in order to be aware of any such changes and your continued use of our Website following any such changes will be deemed to indicate your acceptance of any such changes, regardless of whether you were given notice of same.
For clarity, if any of the terms and conditions of this Legal Notice, or any future modifications thereto, are unacceptable to you, you must discontinue your use of our Website. Your use of our Website now, or your continued use of our Website following the implementation of updated Legal Notice, will indicate acceptance by you of such updated Legal Notice.
You may not change, supplement, or amend this Legal Notice in any manner.
Acceptable Use
Subject to this Legal Notice, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to access and use our Website for your personal, non-commercial use. We reserve all rights not expressly granted herein in our Website.
Prohibited Use
You acknowledge that your use of our Website for any purpose not expressly permitted by this Legal Notice is strictly prohibited.
Except as expressly provided in this Legal Notice, none of our Website, the design or layout of our Website, or any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our and, where applicable, our licensors’ prior written consent.
You cannot create any work of authorship or proprietary right based on our Website. You will only use our Website as may be expressly provided in this Legal Notice or to the extent permitted by law.
Except as expressly authorized by Teck, any reproduction, modification or distribution of our Website, or its materials or content, in whole or in part, is strictly prohibited.
You cannot use our Website:
- to upload or transmit content that is unlawful or otherwise harasses or threatens any individual;
- in any manner that violates applicable laws or the rights of any third parties (including without limitation, intellectual property rights);
- to transmit malware or to facilitate or host phishing or social engineering operations;
- to transmit spam or for any deceptive commercial practices or activities; or
- in any manner that has the intended or unintended effect of damaging or harming Teck, our Website, or any users of our Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not attempt to access or obtain any Website content or other data by any means that is not purposely made available to you through the Website. You may not attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, Website or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of our Website or attempt to interfere with the proper working of our Website, any transaction being conducted through our Website, or any other person’s use of our Website.
Your Account
To access and use certain features and our Website, including applying for jobs at Teck, you may be required to establish an account with Teck. If you choose to create an account, you must use a valid username and password accepted by Teck. Website accounts are personal, and may not be shared.
You hereby agree to: (a) provide true, accurate, current and complete information about yourself as requested by any registration forms on the Website (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. By providing Registration Data to us through the Website, you will provide personal account information. You hereby agree to be fully responsible for: (w) all use of your user account; (x) any action that takes place using your account by any person or automated process; (y) maintaining the confidentiality and security of your account and passwords; and (z) immediately notifying us upon any unauthorized use of your password or account, or if you know of any other breach of security in relation to the Website. We will not be liable for any loss or damage arising from any unauthorized use of your account(s). You will be solely responsible and liable for any and all loss, damage and additional costs that you, Teck or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
Teck may in its discretion at any time require proof of the identity of any person seeking to access and use our Website, and may deny access to and use of our Website or parts of it or refuse to accept or act upon any communication if Teck is not satisfied with the proof.
Communication
You authorize Teck to: (a) accept communications it receives from you by means of our Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Teck’s affiliates and service providers as required to provide the Website or to respond to your communication; and (c) respond to your communications through our Website, by email or other means of communication.
Communications you send to Teck are not effective unless and until they are processed by the responsible Teck representative. Teck may refuse to process any communications sent to Teck, at any time in Teck’s discretion, and without any notice or liability to you or any other person, including if Teck believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete, or sent due to a technical malfunction.
User Provided Content
Certain areas of the Website may permit you to upload or submit information, images, video, data, text, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Because of this, we ask that you do not submit information to Teck that you intend to keep confidential. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent, warrant and covenant that:
- You own all rights in your User Submission (including, without limitation, all rights to the reproduction and display of your User Submission) or, alternatively, you have acquired all necessary rights in your User Submission to enable you to grant to us the rights in your User Submission as described in this Legal Notice;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submission;
- Your User Submission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- Any information contained in your User Submissions is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By providing User Submissions, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your User Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submissions or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse, disallow or block any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submissions to any third party absent any obligation of confidence on the part of the recipient.
Accuracy and Use of Information
Information on our Website was believed to be accurate at the time it was posted, but may be superseded by more recent public disclosure of Teck. Stock quotes on our Website may be delayed or may be otherwise inaccurate. Teck makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of information on our Website.
This Website includes content relating to Teck’s sustainability goals, commitments and policies, sustainability-related activities and/or statements about the environmental impacts and benefits of our business activities. Our content has been developed with guidance from internationally recognized methodologies, frameworks, standards and/or recommendations for sustainability reporting. Where non-standard measures are used, we have disclosed the information in accordance with our internal standards, which are designed to reflect and be consistent with internationally recognized methodologies, frameworks, standards and/or recommendations to the extent possible. This Website uses certain terminology that is specific to Teck’s sustainability programs and disclosure that may be similar to definitions under federal, state, provincial, or other applicable law. Unless otherwise specified, these terms have the meanings given to them on this Website and the use of such any such terms should not be interpreted to adopt any similar statutory, regulatory or other definitions.
Investment Decisions
The information set out in this Website should not be used for the purpose of making investment decisions with respect to Teck's securities. If you are contemplating trading in Teck's securities, you should review Teck's Canadian and U.S. public filings at www.sedarplus.ca and at www.sec.gov, respectively, and contact a registered securities broker or other financial advisor.
Cautionary Statement on Forward–Looking Statements
Our Website and the materials posted on it may contain certain 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 the applicable securities laws. Forward-looking statements can be identified by the use of words such as "plans", "expects" or "does not expect", "is expected”, "budget”, "scheduled", "estimates", "forecasts", "intends", “potential”, “project”, “predict”, "anticipates" or "does not anticipate", or "believes", or variation of such words and phrases or state that certain actions, events or results "may”, "could", "should", "would", “may”, "might" or "will" be taken, occur or be achieved. Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of Teck to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. These forward-looking statements include estimates, forecasts, and statements as to management’s expectations with respect to, among other things, business and financial prospects; our expectations with respect current operations and projects; our expectations with respect to our tailings facilities; Teck’s potential future projects, operations and partnerships; our ability to maintain our current operations and project partnerships; our expectations with respect to the merger of equals with Anglo American plc; the potential merger benefits to Teck, including the EBITDA uplifts and synergies; the size and quality of Teck’s operations and development projects; mineral reserves and mineral resources; future trends, plans, strategies, objectives and expectations, including with respect to future operations, products, services, mine life extensions, and projects; progress in development of mineral properties; our expectations with respect to our sustainability, biodiversity, water and community goals; our expectations with respect to our current and future guidance; our ability to declare dividends; future production, capital and mine production costs, demand and market outlook for commodities, future commodity prices and treatment and refining charges, and the financial results, cash flows and operations of Teck. These forward-looking statements involve numerous assumptions, risks and uncertainties and actual results may vary materially.
Forward-looking information is based on the information available at the time those statements are made and are of good faith belief of Teck as of the time published on the Website with respect to future events and are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in the forward-looking information. You should not place undue reliance on these statements. These statements are based on a number of assumptions, including, but not limited to, assumptions regarding general business and economic conditions; our ability to execute our strategy; interest rates; the supply and demand for, deliveries of, and the level and volatility of prices of the commodities Teck produces as well as oil, natural gas and petroleum products consumed by Teck; the timing of the receipt of regulatory and governmental approvals for Teck’s development projects and other operations; the availability of financing for Teck’s development projects on reasonable terms; the accuracy of the market data sources; the accuracy of the websites of our partners linked on the Teck website; the accuracy of the disclosure provided by our partners; Teck’s costs of production and production and productivity levels, as well as those of its competitors; power prices; market competition; the accuracy of Teck’s mineral reserve and resources estimates (including with respect to size, grade and recoverability) and the geological, operational and price assumptions on which these are based; conditions in financial markets; and the future financial performance of Teck. The foregoing list of assumptions is not exhaustive. Events or circumstances could cause actual results to differ materially.
Factors that may cause actual results to vary include, but are not limited to: business and economic conditions in the principal markets for Teck’s products; the supply, demand, and prices for the commodities Teck produces; changes in commodity and power prices; changes in interest and currency exchange rates; inaccurate geological and metallurgical assumptions (including with respect to the size, grade and recoverability of mineral reserves and resources); unanticipated operational difficulties (including failure of plant, equipment or processes to operate in accordance with specifications or expectations, cost escalation, unavailability of materials and equipment, government action or delays in the receipt of government approvals, changes in applicable laws and regulations, industrial disturbances or other job action, and unanticipated events related to health, safety and environmental matters), political risk; social unrest; accuracy of historical facts and data; changes in general economic conditions or conditions in the financial markets; changes in information available to Teck; changes in market data; market reaction; the imposition of tariffs or other trade barriers; technological developments; and other risk factors related to the mining and metals industry as detailed from time to time in Teck’s reports filed with Canadian securities regulators and the US Securities and Exchange Commission (“SEC”).
Specific materials on our Website containing forward-looking statements or information may contain more specific cautions regarding risks and uncertainties, which you should review.
Certain of these risks are described in more detail in the annual information form of Teck and in other public filings on SEDAR+ and with the SEC. Teck does not assume the obligation to revise or update forward-looking statements that may be contained in our Website or the documents posted on it or to revise them to reflect the occurrence of future unanticipated events, except as may be required under applicable securities laws.
Ownership of Intellectual Property
The materials provided on our Website including, without limitation, all content, data, site design, text, graphics and the selection and arrangement thereof are protected by copyright and other intellectual property rights. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited.
Teck, www.teck.com and related words and logos are trade-marks and/or trade-names of Teck. The names of other companies, products or services referred to on our Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Teck or of third parties is strictly prohibited.
Nothing in this Legal Notice or your use of our Website grants you any rights in or to the intellectual property or proprietary rights of Teck or any third party. You may not frame our Website nor link to our Website without Teck's express permission.
You may download one copy of materials published by Teck on our Website on any single computer for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices.
Links
Certain links on this Website lead to other websites ("Linked Sites"). Independent parties over whom Teck has no control maintain the Linked Sites. Teck makes no 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. Teck disclaims all liability and responsibility for the content of any Linked Site.
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. Intellectual Property Infringement.
We have a policy of removing Material that violates intellectual property rights of others, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512 (the “DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to our agent for notice of claims of infringement:
Teck American Incorporated
501 N. Riverpoint Blvd. Suite 300
Spokane, Washington, WA 99202
c/o Paeca Hallett
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Website who is the subject of repeated DMCA or other infringement notifications.
No Solicitation
MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. TECK DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.
Teck is subject to the securities laws of various jurisdictions. Information disclosed or provided by Teck pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website. Teck's Canadian and U.S. public filings can be viewed on SEDAR+ and at www.sedarplus.ca and on EDGAR at www.sec.gov, respectively.
Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE, INCLUDING YOUR DOWNLOADING OF MATERIAL FROM OUR WEBSITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TECK TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF OUR WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
TECK DOES NOT PROMISE THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE SPECIFIC RESULTS. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, HARDWARE, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
THE ABOVE DISCLAIMERS DO NOT LIMIT OR EXCLUDE ANY RIGHTS PROVIDED UNDER APPLICABLE LEGISLATION THAT CANNOT BE LIMITED OR EXCLUDED UNDER SUCH LEGISLATION.
Limitation of Liability
EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL TECK, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SUCCESSORS (COLLECTIVELY, THE “TECK PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, SAVINGS, REVENUES, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS LEGAL NOTICE, THE PRIVACY NOTICE, THE WEBSITE, OR THE CONTENT OF THE WEBSITE. WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TECK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN ANY SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
STRICTLY TO THE EXTENT THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO YOU, IN THE EVENT THAT FOR ANY REASON REQUIRED UNDER APPLICABLE LAW WE ARE LIABLE TO YOU IN ANY MANNER, IN NO EVENT SHALL THE TECK PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THIS LEGAL NOTICE, THE PRIVACY NOTICE, OR YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY OF ITS CONTENT EXCEED, IN THE AGGREGATE, CAD $100.00.
Applicable Law Governs
SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS LEGAL NOTICE, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THIS LEGAL NOTICE CONSISTENT WITH SUCH PROHIBITIONS. NOTHING IN THIS LEGAL NOTICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, DUTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
Indemnification
To the maximum extent permitted by applicable law, you agree, at your sole cost, to indemnify and hold harmless the Teck Parties from and against any and all claims, actions, proceedings, causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, charges, costs and expenses (including legal fees and expenses on a solicitor and own client basis) of any kind and character whatsoever incurred by such Teck Parties, including any amount paid to settle any such action or to satisfy a judgment, arising out of or relating to: (a) access to or use of, or activities in connection with our Website or its content by you or permitted by you; or (b) any of your acts or omissions, including your breach or non-performance of this Legal Notice or your illegal or otherwise wrongful conduct, including violation of any third party’s rights in connection with this Legal Notice, our Privacy Notice, our Website, or the content of our Website (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses.
Suspension or Termination
Teck reserves the right to suspend or terminate your access to the Website at any time in our sole discretion if (a) you are in breach of this Legal Notice or the Privacy Notice; or (b) your use of the Website could cause a risk of harm or loss to Teck and other users. When reasonable and as permitted by law, Teck will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Teck’s decision. We will not be able to provide this advance notice if you are in material breach of this Legal Notice or the Privacy Notice, or if such notice would lead to civil or criminal liability for Teck, or if providing notice would compromise our ability to provide the Website to our other users. For the avoidance of doubt, Teck may still make a determination that it does not want to continue offering you access to the Website at any time for any or no reason. Teck may exercise these rights without notice or liability to you or any third party. You understand that if your account is suspended or terminated, you may no longer have access to certain features within the Website.
Governing Law and Forum Selection
As mentioned above, the Teck entity you are contracting with via this Legal Notice depends on your jurisdiction of residence as set out in the table below. If you are not an individual, then it depends on your jurisdiction of incorporation or formation. If the table refers to a federal country, it includes all subdivisions of that federal country (e.g. British Columbia is included in Canada as it is a province of Canada). Your jurisdiction of residence (or incorporation or formation, as applicable) also determines the law that governs this Legal Notice and the proper forum for all disputes between you and Teck that may arise in connection with this Legal Notice.
|
Your Jurisdiction of Residence, Incorporation, or Formation |
Contracting Teck Entity |
Governing Law |
Forum Selection |
|
Canada |
Teck Resources Limited |
British Columbia, Canada |
Vancouver, British Columbia |
|
United States |
Teck American Incorporated |
Washington, U.S.A. |
See Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver section below. |
|
Rest of World |
|
British Columbia, Canada |
Vancouver, British Columbia |
The laws of the jurisdiction identified above as applicable to you will govern this Legal Notice and your use of our Website. The dispute resolution mechanism or courts of competent jurisdiction sitting in the place identified above will have exclusive jurisdiction over any dispute arising out of your use of this Website (including any non-contractual disputes or claims).
FOR USERS LOCATED IN THE UNTED STATES OF AMERICA - DISPUTE RESOLUTION AND ARBITRATION; MASS ARBITRATION; CLASS ACTION WAIVER
This section is deemed to be a “written agreement to arbitrate” pursuant to the US Federal Arbitration Act, and you and Teck American Incorporated each agree that this section is intended to satisfy the “writing” requirement of the US Federal Arbitration Act.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the Website, you and Teck American Incorporated agree that if a dispute arises between you and Teck American Incorporated arising out of or relating in any way to the Website or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND TECK AMERICAN INCORPORATED AND THE RELEASED PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. You and Teck American Incorporated agree that any and all disputes or claims that have arisen or may arise between you and Teck American Incorporated or Released Parties arising out of or related to the Website, including any products or services offered or sold on the Website and your use of the Website, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Opt-Out Procedure
You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in this Agreement by sending a written letter to us at Teck American Incorporated, Attn: Legal, Teck American Incorporated, 501 N. Riverpoint Blvd. Suite 300, Spokane, WA 99202 (the “Notice Address”), within thirty (30) calendar days of your initial agreement to this Agreement. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of this Agreement shall continue to apply.
Pre-Arbitration Dispute Resolution
You and Teck American Incorporated or Released Parties agree that whenever you or we have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Website that is subject to the arbitration provision herein, you and Teck American Incorporated or Released Parties will first send a written notice to the other party (a “Demand”). You and Teck American Incorporated agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these terms and conditions. You must send the Demand to the Notice Address. Teck American Incorporated or Released Parties must send the Demand to you via certified mail to the most recent address Teck American Incorporated has on file for you (or by email if Teck American Incorporated only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Teck American Incorporated or Released Parties or by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Teck American Incorporated or Released Parties will personally attend (with counsel, if represented). You and Teck American Incorporated agree that you and Teck American Incorporated will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
Arbitration Procedure
If the Dispute stated in the Demand is not resolved to your or Teck American Incorporated’s or Released Parties’ satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that the claimant will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms and conditions, including, but not limited to, any claim that all or any part of these terms and conditions is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.
The arbitration shall be held in the county in which you reside or at another mutually agreed location or by video at the election of either party. If the value of the relief sought is $10,000 or less, any party may elect to have the arbitration based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person or video hearing if the circumstances warrant. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.
Class Action Waiver
You and Teck American Incorporated agree that each of us may bring claims against the other or Released Parties only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Teck American Incorporated agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Teck American Incorporated further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Teck American Incorporated or Released Parties in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
Mass Arbitration
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Teck American Incorporated or Released Parties, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”) available at https://www.namadr.com/resources/rules-fees-forms/), you and Teck American Incorporated agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules, and additionally agree that the Procedural Arbitrator will have the authority to determine jurisdiction and arbitrability including, but not limited to, any issue regarding the validity, existence, formation or scope of the agreement under which Arbitration is being sought, and the proper parties to the Arbitration. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Teck American Incorporated or Released Parties. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for Teck American Incorporated or Released Parties shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Teck American Incorporated will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Teck American Incorporated or Released Parties shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Teck American Incorporated will pay the mediator’s fee.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these terms and conditions. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
You and Teck American Incorporated agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Teck American Incorporated acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then the remaining Claims shall be subject to Option One or Option Two above as selected by you or us.
General
This Legal Notice, any and all other notices, policies and statements contained on the Website (as the same may be amended by Teck from time to time without prior notice) constitute the entire agreement between Teck and you. This Legal Notice supersedes anything in the Website inconsistent with this Legal Notice. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Legal Notice operates, or may be construed, as a waiver thereof. 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. Our rights, powers and remedies in this Legal Notice, including the right to suspend, restrict or terminate your access to any portion of our Websites, are cumulative and in addition to and not in substitution of any right, power or remedy that may be available to us at law or in equity. 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 will otherwise remain in full force and effect. We may at any time assign our rights and obligations under this Legal Notice, in whole or in part, without notice to you. You may not assign this Legal Notice, or any of your rights or obligations hereunder, without our prior written consent. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Legal Notice or your use of our Website. All provisions that, by their meaning or nature, are intended to survive termination or expiry of this Legal Notice shall survive termination or expiration of this Legal Notice.
Questions and Concerns
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Last updated: October 27, 2025