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Terms of Use 2017-07-17T21:32:48+00:00

Terms of Use Binding

Use of this website is governed by the following terms and conditions. Please read the following terms and conditions carefully before accessing this website. If you do not agree with these terms and conditions, leave this website immediately and do not access this website. Your access and use of this website constitutes your agreement to be governed and bound by the Terms of Use set forth below. These terms and conditions constitute the entire agreement between you and Foremost with respect to this website and content and supersede and replace all prior agreements. Foremost may change, modify, suspend or discontinue all or any part of this website at any time without notice and without liability to you for doing so. We recommend that you review these terms and conditions regularly. Foremost reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this website at any time, for any reason and without prior notice to you and without any liability to you for doing so.

As visitors access this website on a server in Alberta, the information which is contained in this website is deemed to be provided in Alberta and as such is subject to laws of Alberta and the federal laws of Canada applicable therein and you agree to attorn to the jurisdiction of the courts of the Province of Alberta. If access to this website is made from outside of Alberta, you do so at your own risk and you are responsible for compliance with any and all local, provincial, territorial, state, national or international laws, including, without limitation, securities laws and import and export laws. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

If any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these terms and conditions, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed by achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision.

Privacy Policy

During your use of this website, you may voluntarily submit personal information to Foremost and Foremost encourages you to take the time to read the Foremost privacy policy before using this website. By using this website, you accept the privacy policy which outlines how personal information collected through this website is handed by Foremost. If you do not agree with the privacy policy, please do not provide us with any personal information. The Foremost privacy policy can be found at http://foremost.ca/wp-content/uploads/2017/01/2017-Foremost-Privacy-Policy.pdf.

Limited License and Use

Foremost Income Fund, Foremost Industries LP, Foremost Universal LP, Foremost Equipment LP and each of their respective subsidiaries, affiliates and related parties (collectively “Foremost”) grants you a limited license to display the contents of this website on the computer or other electronic device you use to access this website, and print, download and use the materials on this website solely for non-commercial, personal or educational purposes, provided that the contents of this website are not modified in any way and that all copyright and other notices are maintained. You agree not to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter, or modify this website or any of its content.

This website is for general information purposes only and is not intended to provide you with any personalized financial, securities, insurance, legal, accounting, tax or other professional advice.

You should not rely on this website as a substitute for independent research or for personal advice.

Nothing on this website constitutes an offer to buy or sell products or services of Foremost or its affiliated companies. All products and services are subject to the terms and conditions of any applicable contracts and applicable laws. Foremost products and services and those of its affiliates are available only in jurisdictions where they may be lawfully offered for sale.

If you are accessing this website on behalf of another party, you confirm you are authorized to do so, and agree you shall be liable and will indemnify and hold harmless Foremost in the event the party you are acting on behalf of claims you did not have such authority.

No endorsement or approval of any third party or their statements, opinions, information, products, or services is expressed or implied by the contents of this website. To the extent any third party opinions or information are included on this website, they are provided for convenience only and Foremost assumes no liability and does not approve or endorse such third party content, or warrant such content to be accurate, complete, reliable, verified, error free, or fit for any purpose.

Foremost may utilize third party service providers to provide certain tools and/or programs, some of which may be housed on a third party server or on a site which has been independently developed by others. As such, while accessing this website you may be linked to such other third party servers. Access to other sites or use of any third party tools or programs on this website are subject to all terms and conditions found therein.

Forward-looking Statements

The disclosure in this website may contain forward-looking statements as defined under applicable Canadian securities legislation, including regulatory and statutory developments and their anticipated effects on our business. These statements include comments about matters such as future revenues by product, anticipated revenues by geographic segment, seasonality of revenues, utilization of existing manufacturing facilities, ongoing cost control initiatives, forecast capital expenditures, manpower requirements, future cash flows from operations, external financing requirements, the impact of the adoption of International Financial Reporting Standards (“IFRS”), considerations regarding the potential conversion options for the Fund and levels of future trust unit distributions. These

forward-looking statements typically contain words such as “anticipate”, “could”, “expect”, “seek”, “may”, “intend”, “will”, “believe”, “estimate”, “plan”, and other similar terms and expressions.

Forward-looking statements are based on the then current expectations, estimates, projections and assumptions which Foremost believes is reasonable but may prove to be incorrect and therefore such forward-looking statements should not be unduly relied upon. In addition to other factors and assumptions which may be identified in any document on this website, assumptions have been made regarding, among other things, industry activity, the general stability of the economic and political environment, future levels of oil and natural gas drilling activity, effect of market conditions and competitor actions on the demand for Foremost’s products and services, ability to retain current employees and subcontractors, ability to hire additional skilled labour, timing and costs of capital expenditures to maintain productive capacity, foreign currency exchange rates, interest rates and safety, securities, taxation and other regulatory requirements.

Forward-looking statements are subject to a number of risks and uncertainties, which could cause actual results to materially differ from those anticipated. Foremost can give no assurance that any of the events anticipated will transpire or occur or, if any of them do, what benefits or costs will be derived. By their nature, forward- looking statements are subject to numerous risks and uncertainties, including but not limited to, the impact of general economic conditions, changing industry conditions, currency fluctuations, interest rate changes, competitor actions, labour shortages or disruptions, changes to safety, securities, taxation and other regulations, stock-market volatility, Foremost’s ability to access sufficient capital from internal and external sources and additional risk factors discussed in the documents on this website and other documents filed from time to time with securities regulatory authorities.

The forward-looking information contained herein is expressly qualified by this cautionary statement. Foremost’s assumptions relating to the forward-looking statements referred to above are updated quarterly and, except as required by law, Foremost does not undertake to update any other forward-looking statements.

Press Release

The content contained within press releases issued by Foremost should not be deemed accurate or current except as of the date the release was posted. Foremost has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Copyright

This website has been developed by and is the property of Foremost. All information and materials contained on this website are protected by copyright, trademark and other intellectual property laws of Canada and other countries, and are the property of their respective owner(s). Subject to the limited license to use this website as described above, no person may copy, redistribute, reproduce or republish in any form, or link to this website or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of Foremost. Any infringement of the rights of Foremost may result in appropriate legal action.

YouTube is the property of YouTube, LLC and its parent corporation. Foremost has no claims regarding the use of YouTube software, code, trademark, services and logos that are linked to this website.

Trademarks

Foremost owns or has obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that it provides and displays on this website. The trademarks are protected by Canadian and foreign trademark laws. All rights reserved. The display of trademarks on this website shall not in any way be construed as an implied license to use such trademarks. The trademarks may not be used without the prior written permission of Foremost

Disclaimers and Limitation of Liability

The content of this website is provided for informational and educational purposes only and is subject to modification without notice to you. While information posted on this website is believed to be reliable and accurate at the time of posting, neither Foremost nor any third party guarantee, represent or warrant that the information contained on this website is accurate, complete, reliable, verified, error-free, or fit for any purpose. All information provided herein is on an as-is and as-available basis without any representations, warranties or endorsements.

Nothing on this website forms a contract, or a part of any contract, other than as it relates to the use of this website. In the event of a conflict between the information contained on this website and the terms contained in any products or services offered by Foremost or a third party, the terms of such products or services will prevail.

Neither Foremost, nor any third party, make any representations or warranties, express or implied, regarding the usability or condition of this website, that this website will operate uninterrupted or error-free, or that this website will operate in combination with any services or software used in connection therewith or that it shall be viewed consistently with all browser software or that any communication transmitted to or from this website is private, confidential or secure.

Foremost expressly disclaims all representations, warranties or conditions, express or implied, statutory or otherwise, including, without limitation, the warranties and conditions of merchantable quality and fitness for a particular purpose, non-infringement, compatibility, timeliness, security or accuracy, and any representations, warranties or conditions that may arise from a course of dealing or usage of trade. You assume full responsibility for risk of loss of any nature whatsoever resulting from your use of this website. Without limiting the generality of the foregoing, you acknowledge and

agree that none of Foremost or any third party, or any of their directors, officers, employees or agents shall be liable to you for loss of data, computer time or any loss or damage of any nature whatsoever arising out of or attributable in any manner whatsoever to your use or inability to use this website for any reason whatsoever or to any action or inaction on the part of Foremost or for any direct, indirect, special, exemplary, punitive or consequential damages, even if Foremost has been advised of the possibility thereof, including but not limited to lost profits, lost opportunities or business revenues, loss of goodwill, or failure to realize expected savings.

In any event, Foremost’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to one hundred dollars ($100.00). In no event shall Foremost be liable for any damages of any kind arising from the use of any hyperlinked website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.

In addition to the above disclaimers of warranties, Foremost hereby expressly disclaims any liability whatsoever for any and all errors or omissions in the information contained in this website. The information contained herein does not constitute an offering of securities or any solicitation thereof in any jurisdiction. Any disclosure or information previously disclosed under securities or other legislation of Canada or any Province, including without restriction, any Press Release, Quarterly or Annual Report, MD & A, Certificate, proxy materials or Annual Information Form is not intended to be modified, amended, qualified or supplemented by the information available on or through this website.

No warranty of any kind, implied, express or statutory, warranty as to merchantability or non-infringement of intellectual property rights, title, fitness for any particular purpose or freedom from computer viruses or other contaminating or destructive properties is given in conjunction with the information and use of this website.

Third Party Websites

This website contains links to other sites which sites may or may not be maintained or controlled in any way by Foremost. Links to such sites that are not maintained or controlled by Foremost are provided for convenience only and are not to be construed as an endorsement by Foremost of the products, services, advice or opinions or any other content of such sites. Access or use of sites to which links are provided are subject to the terms and conditions of such sites and are at your own risk. Foremost has not reviewed and is not responsible for the content of any third party site linked to or from this website and expressly disclaims and does not make any representations with respect to the privacy practices, content or accuracy of the materials on such third party sites.

Google Site Stats

This website uses Google Site Stats to track clicks on Google Sponsored Links. Read about Google Site Stats here.

Other

The Internet is not a secure medium and therefore is subject to possible interception, loss, corruption, or alteration of communication. Foremost is not liable for any damages resulting from the use, interception, corruption or alteration of communications to or from this website. Any user of this website providing information to Foremost agrees that Foremost has no obligation or responsibility relating to such information and may use, distribute, disclose or reproduce such information provided by others and shall be free to use any concepts, ideas, know-how or data contained in the information for any purpose whatsoever. Any and all information provided by a user of this website to Foremost shall be non-proprietary and be deemed to be non-confidential and must be truthful, legal and not violate the rights of others.

More Information

For more information concerning the terms and conditions of use of this website or to request the authorization to reproduce or distribute the content of this website or any part thereof, please contact:

Foremost Industries
LP 1225 64th Ave. N.E.
Calgary, AB T2E 8P9
Attn: Marketing Department

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