1. Introduction

The following terms and conditions govern your use of this website (the “Website”). Your use of this Website and Content (defined below) constitutes your acceptance of these Terms and Conditions, on your own behalf and on behalf of each company, legal entity or other person on whose behalf you act. If you do not agree with these Terms and Conditions, you should immediately cease use of this Website and Content. This Website presents information and content that is owned or licensed by Pengrowth Energy Corporation (“Pengrowth“).

2. Ownership and Use of Content

All of the information and content on this Website, including but not limited to all text, analyses, reports, articles, graphics, software applications, video, audio files, photos, trademarks, service marks and trade dress (“Content“) is owned or licensed by Pengrowth. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your internal use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Pengrowth reserves the right to terminate at any time your right to make copies of Content.

Without limiting the generality of the foregoing, the domain name is the exclusive property of Pengrowth and no appropriation of the domain name by registering related domain names shall be tolerated, and you are not entitled to use Pengrowth’s trade names, trademarks, service marks, logos or any other distinctive brand feature without Pengrowth’s express written authorization.

Except for the Content found in the [media] section, you must obtain Pengrowth’s prior written consent before you use the Content on any other Website or in a networked computer environment for any purpose, or republish or redistribute the Content, or otherwise use the Content for any purpose other than your internal use. You may not frame the Content within another Website. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.

Proprietary marks may be designated as such from time to time on this site through use of the TM, © or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of Pengrowth proprietary marks, including, but not limited to, as metatags or in any other fashion which may create a false or misleading impression of affiliation or sponsorship with or by Pengrowth.

3. No Investment Advice

This website is intended solely to provide information regarding Pengrowth’s business. The information provided on this websiteis not intended to recommend an investment in Pengrowth or any other party and is not an offer or sale of any security or investment product or investment advice. In any event, past performance is not a guarantee of future results and it should not be assumed that any results of Pengrowth will be repeated in the future.

4. Changes

Information may be changed or updated from time to time. Pengrowth may also improve and/or change the information described on this website at any time. The changes may include superseding terms and conditions or specific notices. In the event of any material change to these Terms and Conditions, we will notify you by posting a copy of the amended Terms and Conditions on this Website. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS POSTED ON THIS WEBSITE FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Website following publication of the amended Terms and Conditions constitutes your acceptance of any change or update, all of which shall become controlling when posted.

5. Suggestions and Feedback

Pengrowth does not want to receive confidential or proprietary information through its website. Please note that any information or material sent to Pengrowth will be deemed NOT to be confidential. By sending Pengrowth any information or material, you grant Pengrowth an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Pengrowth is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Pengrowth will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.

6. No Liability

You expressly acknowledge and agree that: (i) your use of this website is at your own risk. This website is provided on an “As is” and “As available” basis. To the fullest extent permitted by applicable law, Pengrowth expressly disclaims all warranties of any kind with respect to this website and the Content, whether express or implied; (ii) without limiting the foregoing, Pengrowth does not endorse, warrant or represent that: (A) the information on this website is accurate, complete, reliable, useful, timely or current; (B) this website will meet your requirements or expectations; (C) use of this website will be uninterrupted, timely, secure, or error-free; (D) the results that may be obtained from the use of this website will be accurate or reliable; (E) the quality of any information obtained by you through this website or that such information will meet your expectations; (F) the servers that make this website available are free of viruses or other harmful components, including during hyperlink to or from third-party websites; or (G) any errors in this website will be corrected; (iii) any material downloaded or otherwise obtained through the use of this website is downloaded or obtained at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not Pengrowth or third parties with whom Pengrowth associates itself from time to time) assume the entire cost of all necessary servicing, repair or correction; and (iv) without limiting the generality of the foregoing, no advice or information, whether oral or written, obtained by you from Pengrowth or through or from this website shall create any warranty not expressly stated in these terms and conditions.

In no event will Pengrowth or any of its employees, directors, officers and agents be liable to any party for any damage resulting from the use of or inability to use this website or any other hyperlinked website or resulting from unauthorized access to or alteration of your transmissions of data, including, without limitation, direct, indirect, special, incidental or other consequential damages of any kind, including any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

7. Indemnity

You agree to defend, indemnify and hold Pengrowth harmless for any loss, damage or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand resulting from your use of this website. You also agree to indemnify Pengrowth for any loss, damages, or costs, including, without limitation, reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on Pengrowth’s infrastructure. 

8. Links

Pengrowth makes no representations whatsoever about any other website which you may access through this one. When you access a non-Pengrowth website, even one that may contain the Pengrowth logo, please understand that it is independent from Pengrowth and that Pengrowth has no control over the content on that website. In addition, a link to a non-Pengrowth website does not mean that Pengrowth endorses or accepts any responsibility for the content, or the use, of such website.

9. No Improper Use of Website

You agree not to tamper with the software or functionality of the Website and not to introduce any material into the Website that contains viruses, time bombs, trojan horses, worms, cancelbots, denial of service attacks or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, “spam” or other such unsolicited mass e-mailing techniques or denial of service attacks. You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct.

10. Your Responsibility for Security

Pengrowth assumes no liability or responsibility for any damage to you, your computer or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this Website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

11. Collection of Information

We collect personal information, wherever appropriate, directly from you or from interactions with you, but may where necessary, collect personal information from other sources. The personal information we collect may include your name, address, email address, location and other information relevant to our business. We limit our collection of your personal information to the information that is reasonably necessary to fulfill the purposes for the personal information we identify to you or as otherwise required or permitted by law.

12. References to Pengrowth

For convenience, references in this Website to “Pengrowth”, the “Company”, “us”, “we” and similar references, may, where applicable, refer only to or include any relevant direct and indirect subsidiary corporations and partnerships of Pengrowth and the assets, activities and initiatives thereof.  [NTD:  Tom to confirm references to Company versus  Corporation.]

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable in such province, without giving effect to conflict of law principles thereof.

14. Compliance with Local Laws

The services and information provided through this Website are not intended for distribution to, or use by, any person in any country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Pengrowth to any registration requirement within such jurisdiction or country. Persons who access this Website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.

15. Forward-looking Information

This Website may contain certain forward-looking statements and forward-looking information (collectively referred to as “forward-looking information”) within the meaning of applicable securities legislation, including the United States Private Securities Litigation Reform Act of 1995, about our current expectations, estimates and projections about the future, based on certain assumptions made by us in light of our experience and perception of historical trends. Although we believe that the expectations represented by such forward-looking information are reasonable, there can be no assurance that such expectations will prove to be correct.

More particularly, this Website contains statements concerning the anticipated future corporate plans and initiatives for Pengrowth. Forward-looking information is often, but not always, identified by the use of words such as “anticipate”, “believe”, “expect”, “plan”, “intend”, “forecast”, “target”, “project”, “guidance”, “may”, “will”, “should”, “could”, “estimate”, “predict” or similar words suggesting future outcomes or language suggesting an outlook.. These forward-looking statements are based on certain key expectations and assumptions made by Pengrowth, including expectations and assumptions concerning anticipated financial performance; business prospects; strategies; regulatory developments; future bitumen, oil and natural gas commodity prices; differentials between light crude oil, medium crude oil and heavy crude oil prices; future oil and natural gas production levels; future interest and foreign exchange rates, the cost of expanding our property holdings; our ability to obtain equipment in a timely and cost-effective manner to carry out development activities; our ability to market our oil and gas successfully to current and new customers; the impact of increasing competition; our ability to obtain financing on acceptable terms; and our ability to add production and reserves through our acquisition, development and exploration activities. Although Pengrowth believes that the expectations and assumptions on which the forward-looking statements are based are reasonable, undue reliance should not be placed on the forward-looking statements because Pengrowth can give no assurance that they will prove to be correct. Since forward-looking statements address future events and conditions, by their very nature they involve inherent risks and uncertainties. Actual results could differ materially from those currently anticipated due to a number of factors and risks. These include, but are not limited to: the volatility of commodity prices; production and development costs and capital expenditures; changes in operating costs; operational risks and uncertainties associated with oil and gas activities, including unexpected formations or pressures, premature declines, fires, blow-outs, equipment failures and other accidents; adverse weather conditions which could disrupt output or impact drilling programs; the accuracy and imprecision of reserve estimates and estimates of recoverable quantities of oil, natural gas and natural gas liquids; unforeseen operating problems; pipeline or delivery capacity and constraints; our ability to replace and expand oil and gas reserves; environmental claims and liabilities; incorrect assessments of value when making acquisitions; increases in debt service charges; the loss of key personnel; the marketability of production and demand of our products; defaults by third party operators; unforeseen title defects; fluctuations in foreign currency, exchange rates and interest rates; inadequate insurance coverage; counterparty risk; compliance with environmental laws and regulations; actions by governmental authorities, including the imposition or reassessment of, or changes to, taxes, fees, royalties, duties and other government-imposed compliance costs; changes to laws and government policies that could impact the Company’s business, including environmental (including climate change and greenhouse gas emissions legislation), royalty and tax laws and policies; our ability to access external sources of debt and equity capital; our ability to complete projects on time and on budget; competitive actions from other oil and gas companies or from companies that provide alternative sources of energy; risks and uncertainties associated with obtaining regulatory and stakeholder approval for our operations and exploration and development activities; risks associated with increased activism and public opposition to fossil fuels; risks relating to litigation; and the impact of technology and risks associated with developing and implementing new technologies.

Further information regarding these factors may be found under the heading “Business Risks” herein and under “Risk Factors” in Pengrowth’s most recent AIF, and in Pengrowth’s most recent audited annual Consolidated Financial Statements, management information circular, quarterly reports, material change reports and news releases. Copies of Pengrowth’s public filings are available on SEDAR at www.sedar.com and EDGAR at www.sec.gov.