Terms of Use

Last Updated: June 6, 2025

1. Introduction

These Terms of Use (these “Terms”) set forth the terms and conditions that apply to your access and use of the internet website located at https://www.evolveroyalties.com/ (the “Site”) owned and operated by Evolve Strategic Element Royalties Ltd. (the “Company”).

BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE AGREED TO BE BOUND BY THESE TERMS.

These Terms are current as of the “updated” date which appears at the top of this page. The Company has the right to revise these Terms at any time without providing notice. Please consult these Terms each time that you use the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept and agree to those changes. At any time, the Company may (i) terminate your use or right to use of the Site for any reason, or (ii) modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

2. Informational Purposes Only; Disclaimer

Access to and use of this Site is provided for informational purposes only in respect of the services, products and other general materials offered by the Company. The information provided in this Site or in any newsletter or similar communication provided to you by the Company is not represented or warranted to be accurate or presented for your reliance and the Company does not endorse any resource, product, service or other materials provided by third parties.

FOR THE AVOIDANCE OF ANY DOUBT, THE SITE AND ALL CONTENT AVAILABLE THEREON, INCLUDING ANY NEWSLETTER OR SIMILAR COMMUNICATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE, OF THE INFORMATION CONTAINED IN OR REFERENCED TO THE SITE. ANY PERSON ACCESSING OR USING THE SITE ACCEPTS AND ASSUMES ALL RISKS RELATING TO THE ACCURACY OR RELIABILITY, OR ARISING OUT OF THE USE OF, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE.

3. Limitation of Liability

THE COMPANY WILL NOT HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT LOSSES OR DAMAGES, OR ANY OTHER DAMAGE OR LOSS CLAIMED EITHER IN CONTRACT, NEGLIGENCE OR TORT INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES ARISING OUT OF USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN, OR ARISING OUT OF THE INABILITY TO USE THE SITE AND THE INFORMATION CONTAINED THEREIN.

4. Prohibited Activities

With regards to the Site or any content on the Site, you may not:

1. copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of the Company;
2. use the Site or content in a way that could damage it or the material displayed on it;
3. interfere with the Site’s security or the security of the linked websites;
4. disrupt or interfere with another person’s use of the Site;
5. use the Site or the information on it to send any type of mass e-mail;
6. use contact information on this site to send e-mails of illegal, sexual, racist or otherwise inappropriate nature, as the Company determines in its sole discretion;
7. attempt to gain unauthorized access to the restricted areas of the Site;
8. manipulate identifiers in order to disguise the origin of any content transmitted on or through the Site or the source of any content;
9. upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site; or
11. violate or infringe any right of any third party or applicable law.

The Company may, but is under no obligation to, monitor, review or log any activity or use of the Site. The Company reserves the right, but does not assume the obligation, to suspend access to the Site to, or otherwise ban, any users who violate these Terms.

5. Proprietary Rights

The Site, the content available thereon, and any newsletter or similar communication provided to you by the Company are owned by us, our licensors, service providers or respective third parties as applicable, and are protected by copyright, trademark, trade secret and other intellectual property laws. Except as may be expressly permitted on the Site, you are not permitted to download, copy or otherwise store any such content. “EVOLVE” and the Evolve logo are trademarks of the Company. All rights in them are reserved to the Company.

6. Privacy

You acknowledge that any personal information that is collected from your access and use of the Site are subject to our privacy policy located here: Privacy Policy.

7. Third Party Content

The Site contains references or links to external third party websites, entities, content, services, resources and products (“Third Party Content”) that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by the Company. Any access or use of Third Party Content is done at your sole risk and the Company disclaims all responsibility or liability in respect of Third Party Content.

8. General

These Terms have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Quebec for any claim, proceeding or action under these Terms against the Company. Notwithstanding the foregoing, the Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by the Company through injunctive relief and other equitable remedies without proof of monetary damages. These Terms shall constitute the complete and exclusive agreement between you and the Company, and govern your use of the Site. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and the other provisions shall remain in full force and effect.

9. Contacting the Company

You may contact the Company by email at [email protected] or by phone at 1-514-546-1070.