Legal notice

1. USE OF THIS WEBSITE

This Website is owned and operated by Valener Inc. (hereinafter the “Site Owner”) for your personal non-commercial use and information. By using this Website, you accept the following terms and all applicable laws. By accessing and navigating it, you unconditionally accept these terms.

2. COPYRIGHTED MATERIAL

Material on this Website may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed or modified, in whole or in part, whether in text, graphic, audio, video or executable form, without the written permission of the Site Owner. If you require further information on a permitted use or wish to obtain a license to use the material contained in this Website, please address your inquiry to Valener Inc.

3. TRADEMARKS

Trademarks and logos (including certain names, words, titles, designs, illustrations and icons) (hereinafter the “Marks” ) displayed on this Website are Marks of the Site Owner or Marks for which the Site Owner has obtained authorization to use and may not be used without the written permission of the owners of such Marks. If you require further information on a permitted use, or if you want to obtain a license to use the Marks contained in this Website, please address your inquiry to Valener Inc.

4. SITE DATA

Facts and data provided by the Site Owner are believed to be reliable at the time they are posted and are for information purposes only. The Site Owner gives no guarantee they are accurate or complete or that they will be current at all times.

5. EXCLUSION OF WARRANTIES

The Site Owner makes no representation or warranty regarding the functionality or condition of this Website, its suitability for use or that its use will be uninterrupted or error-free. Such exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions. To the extent that the jurisdiction to which you are subject does not allow exclusions of certain warranties, such exclusions that are not permitted do not apply.

6. LIMITATION OF LIABILITY

SITE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING FROM THE USE OF MATERIAL OR INFORMATION CONTAINED IN THIS WEBSITE.

7. OWNERSHIP AND CONFIDENTIALITY

You acknowledge that information or material you provide electronically through your access to or usage of this Website is neither confidential nor exclusive, except as may be required under applicable law, and acknowledge that unprotected email communication over the Internet is subject to possible interception, alteration or loss. You also warrant that any information or materials you provide to the Site Owner electronically through your access to or usage of this Website does not infringe the rights of any person or entity, and acknowledge that such information and material may be used in whole or in part in any manner by the Site Owner including, but not limited to, reproduction, retransmission, publication of such information or material or ideas, concepts or other know-how contained therein.

8. MONITORING

The Site Owner may monitor access to, discussions and materials posted thereon, and other activities relating to this Website, and take appropriate action with respect thereto but does not make any representation or warranty that it will do so. You consent to any such monitoring and action the Site Owner may deem appropriate to take.

9. LINKS

Links and references to other websites are provided to you as a convenience only. Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material or the accessibility thereof via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this Website unless expressly permitted by Site Owner. (To obtain permission, contact Valener Inc.)

10. VIRUSES, ETC.

The Site Owner does not represent or warrant that the information or materials, including without limitation any downloadable software, accessed from or through this Website will be uninterrupted, or free of any error, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.

11. DAMAGES TO OTHERS

You agree not to introduce into or through this Website any information or materials that may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, in this Website any error or defect in material or information which may, among other things, be libel, slander, defamation or obscenity, promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

12. RESERVE OF RIGHTS

All rights not expressly granted in these terms are reserved to the Site Owner. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under a copyright, patent, trademark or other intellectual property right of the Site Owner or any other person or entity.

13. CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS

This Website may include forward-looking statements or information pursuant to applicable securities laws (collectively, “forward-looking statements”), in particular statements that describe measures, activities, events, results or developments that Valener Inc. expects or anticipates will or may occur in the future as well as other statements that are not historical facts. Such forward-looking statements reflect the intentions, plans, expectations and opinions of the management of Énergir Inc., Énergir, L.P. General Partner, acting as manager of Valener Inc. pursuant to an administration and management support agreement (the “manager”) regarding Valener Inc.’s future growth, operating results, performance, and business prospects and opportunities. Forward-looking statements are often identified by words and expressions such as “plans,” “expects,” “does not expect,” “is expected,” “budgeted,” “scheduled,” “estimated,” “forecasts,” “intends,” “anticipates,” “does not anticipate,” “believes,” or variations of such words and expressions. They are also identified by statements to the effect that certain actions, events or results “may,” “could,” “would,” “might,” or “will” be taken, occur, or be achieved and by similar expressions as they relate to Valener Inc. The forward-looking statements in this Website include statements on the general development of the business, growth or profitability outlooks. Such forward-looking statements reflect current opinions of the manager and are based on information currently available to the manager.

Forward-looking statements involve known and unknown risks and uncertainties and other factors outside the manager’s control. A number of factors could cause actual results of Valener Inc. to differ significantly from current expectations as described in the forward-looking statements. These factors include risks relating to regulation, the economic situation, operations, markets and competition, liquidity and funding, the anticipated annual growth target for the dividend on common shares, investments and credit, fluctuations in exchange and interest rates, development of new projects, acquisitions and growth. Without limiting the general nature of the foregoing, and for more information, refer to the risk factors identified in the most recent annual reports and interim Management’s Discussion and Analysis reports filed by Valener Inc. with the Canadian Securities Administrators, which can be found on this website and on SEDAR at www.sedar.com. All of these factors are incorporated herein as reference. The manager assumes no obligation to update or revise them to reflect new events or circumstances, except as required pursuant to applicable securities laws. Readers are cautioned not to place undue reliance on these forward-looking statements.

14. GOVERNING LAW

This Website is monitored and operated by Site Owner in Montreal, Quebec, Canada, and these terms and conditions are governed by the laws of the Province of Quebec and the applicable laws of Canada, without reference to the principles of conflicts of law. You agree to be bound by these laws and to refer to the courts of the Province of Quebec with respect to the interpretation or application of these terms and conditions.

15. CHANGES TO TERMS

Site Owner may modify, alter or otherwise update the terms applicable to this Website from time to time without notice, and you agree to be bound by such terms as are in effect at the time at which you access the Site Owner Website.

16. JURISDICTION

This Website is operated and monitored by the Site Owner in Montreal, Quebec, Canada. Site Owner makes no representation as to the relevance or the availability of the materials posted on the Website for use in other locations. Any person who accesses the Website from other locations does so of his/her own initiative and shall comply with any applicable local laws.

17. PRIVACY PROTECTION

In this notice, “personal information” refers to any information about an identified individual, as defined in greater detail in the laws applicable to Valener Inc.

17.1. Collection and use of personal information

Valener Inc. collects and uses different types of personal information about investors and others (the “persons concerned”).

Types of personal information collected

Valener Inc. may collect and store personal information such as name, contact information (postal and email addresses, phone number). Valener Inc. only collects personal information needed for the purposes described in the paragraph below.

Collecting personal information

Valener Inc. collects personal information for various purposes. It may collect this information in order to (i) provide information requested by the person concerned, (ii) add the person concerned, at their request, to a mailing list (including changing subscription settings and deleting them from the mailing list), (iv) better understand the subscriber’s profile or (iv) comply with the law.

The amount and type of personal information collected is limited to what is necessary for the purposes for which it was collected and it is collected from the person concerned. This information may, however, also be collected from third parties where allowable by law.

Uses of the personal information collected

Valener Inc. uses the personal information collected, for example, to forward information requested by the person concerned, to send mailings (news releases) or to meet legal and regulatory requirements.

Valener Inc. may use the personal information for other purposes that are disclosed at the time the information is collected.

17.2. Disclosure of personal information

With the exception of the persons described below, Valener Inc. does not disclose, communicate or sell any personal information for purposes other than those stated in this notice, without consent from the person concerned or when allowable by law.

The personal information (electronic or otherwise) that Valener Inc. collects is not disclosed to anyone other than representatives of Valener Inc., its manager, its service providers or agents, for whom such information is required for the performance of their duties or the execution of their contract or mandate. For example, these could be hosting or data management services, or market analysis.

For these purposes, Valener Inc. or the third-party service provider may store and process your personal information on servers or computers located outside Canada. Moreover, even if your personal information is stored in Canada, Valener Inc.’s representatives or service providers might be required to access or process your personal information from locations outside Canada. Some of these sites located outside Canada may be subject to the laws and standards related to personal information that differ from those in effect in Quebec. Thus, under some circumstances, your personal information may be subject to disclosure to government or law enforcement agencies that would not otherwise have access to your personal information if they were stored in Canada or were not accessible from a location outside Canada.

Furthermore, Valener Inc. may disclose, disclose or sell personal information to the extent provided for or required by law, including under court order, or when necessary to establish or exercise legal recourse or raise a defense.

17.3. Cookies and IP addresses

Although the person concerned can visit this website (the “Site”) without informing Valener Inc. who they are and without revealing any personal information, by accessing the Site, information is automatically exchanged between the computer of the person concerned and Valener Inc.’s server. This exchange of information does not allow Valener Inc. to identify the person’s name or email address. But such exchanges do allow Valener Inc. to obtain the Internet domain name that the person concerned has used to access the Site, the IP address of the person concerned, the type of browser and operating system used to access the Site, the date and time the person accessed the Site, the pages visited by the person concerned and, if the person concerned accesses the Site from another website, the address of that site (referring site).

The Valener Inc. Site’s operating system uses “cookies” to automatically obtain such information about the visit by the person concerned to the Site. Cookies are small elements of information stored by the Web browser of the data on the hard drive of their computer, which allow Valener Inc. to recognize the person concerned when they access its Site. When the person browses the Internet, a cookie is used for the purposes described above. If the person concerned does not wish information about their visit to be collected by Valener Inc. they may, at their sole discretion, configure their browser to be alerted when it receives a cookie or to prevent the sending of such cookies.

This information is used by Valener Inc. to measure the number of visits to the Site and the pages viewed, the average time visitors spend on the Site and to compile other general statistics about visits to the Site. This information will also allow Valener Inc. to determine the Site’s performance, for purposes of systems administration, to make the Site easier and more convenient to use and to provide certain aggregated information to Valener Inc.’s representatives for whom the forwarding of such information is necessary for the performance of their duties.

Valener Inc. collects other personal information about the person concerned who visits the Site only if the person concerned, at their sole discretion, decides to provide it voluntarily.

17.4. Security

Valener Inc. shall ensure that reasonable measures are taken to protect personal information in its custody against theft, loss, access, use and unauthorized communication, taking into account their sensitivity, final purpose, quantity, distribution and medium. The level of protection provided shall vary according to the personal information.

Furthermore, the person concerned recognizes and accepts that the emails Site visitors send to Valener Inc. are not necessarily inviolate before they arrive on Valener Inc.’s server.

17.5. Opting out and changing personal information

The person concerned may access the personal information provided to Valener Inc. and ask Valener Inc. to update the information as well as to change or remove certain information Valener Inc. has collected, by sending an email to investors@valener.com by replying to messages they have been sent because of their subscription to Valener Inc.’s mailing list.

Similarly, the person concerned may ask to be unsubscribed from Valener Inc.’s mailing list.