TERMS OF USE

PLEASE READ CAREFULLY THROUGH THESE TERMS BEFORE USING THE HUSKY CUSTOMER PORTAL.

By accessing or viewing any page contained within the Husky Customer Portal ("Site"), the party accessing or viewing such page ("you") accept and agree to be legally bound by these Terms of Use ("Terms") and all other terms, conditions, and notices contained or referenced on the Site. The Site is owned and operated by Husky Marketing and Supply Company, a subsidiary of Husky Energy Inc., which is a public company of Canada (collectively, "Husky").

1. Access and Usage

(a) The Site is provided for the convenience of Husky's customers ("Users") to receive information and materials from Husky in connection with Users' business with Husky (the "Purpose"). By using the Site, you represent that you are a User properly authorized by Husky to receive information and materials via the Site. Moreover, you represent that you have the capacity to be bound by these Terms and, if you are acting on behalf of a company or entity, that you have the authority to bind such company or entity to these Terms. Furthermore, you confirm that you have read and understand the Terms and agree to be bound by them on behalf of yourself and the company or entity on whose behalf you are acting.

(b) You agree not to use, or to encourage or permit others to use, the Site to:

(i) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity, or in any other way attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Husky server or to the Site;

(ii) Access or use the Site in any manner that could damage, disable, overburden, or impair any Husky server or networks connected to any Husky server, or interfere with any other User’s access or use of the Site; or

(iii) Disrupt or interfere with the security of, or otherwise cause harm to, the Site or accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites or introduce any virus, malware, or code intended to do any of the foregoing.

(c) Husky may amend, update, and change the Terms from time to time at its sole discretion and without notice to you. Your continued use of the Site, including all information or materials received from Husky via the Site, is subject to the most current version of the Terms posted on the Site at the time of such use. Please check the Site regularly to view the current Terms.

2. Confidentiality

The information and materials contained on the Site includes valuable, confidential, and proprietary information regarding the business and operations of Husky and its affiliated entities. This confidential information includes, but is not limited to, information regarding the operations, business, financial affairs, and/or intellectual property rights of Husky and its affiliated entities.

By entering the Site, you agree that you will use the information and materials contained on the Site only in connection with the Purpose, and not for any other purpose. You further agree that you will not disclose, nor permit disclosure of, any of the information or materials contained on the Site for any reason, unless authorized by Husky to do so. Any reproduction of such information or materials, in whole or in part, that is not in connection with the Purpose is prohibited.

3. Information and Materials Provided on the Site

All information and material provided on the Site is intended to be general in nature, and you should not rely on it in connection with the making of any decision. Husky endeavors to ensure that all information and materials provided on the Site are correct at the time of inclusion on the Site, but does not guarantee the accuracy of such information and materials at the time of inclusion or any time thereafter. Husky expressly disclaims liability for any errors or omissions in the information and materials provided on the Site or in any website linked to or from the Site. Husky is not liable for any action you may take as a result of relying on such information and materials or for any loss or damage suffered by you as a result of you taking any such action.

4. Product Allocation Increase Requests and Other Requests Submitted Through the Site

At Husky's sole discretion, you may submit a request through the Site to make certain changes to your account or requests, including a request to increase your product allocation in general or at select terminals. Such requests will be reviewed and processed as soon as reasonably practicable. The decision to approve or deny a change or request is within the sole discretion of Husky, and, if the change or request is approved, Husky will notify you of such approval as soon as practicable. An approval of a request to increase your allocation or to have product allocated a certain terminal is subject to the availability of sufficient product at the time you attempt to secure it from a given terminal. All information provided on the Site as to availability of product at a given terminal is subject to the provisions in these Terms, and in particular Sections 3, 9, and 10.

5. Husky's General Terms and Conditions Govern All Product Purchases

All product purchased from Husky is governed by Husky's General Terms and Conditions or the sales agreement (if any) between the User and Husky. To view Husky's General Terms and Conditions, click here.

6. Links to External Websites

The Site may include links to external websites. When you follow such links, the external website may appear as a separate full screen or, in some cases, within a frame of the Site. Linked websites are not under the control of Husky and Husky is not responsible for the contents of any linked website, any link contained in a linked website, or any changes or updates to such websites. Husky is providing these links to you only as a convenience, and the inclusion of any linked website does not imply that Husky sponsors, licenses, endorses, is affiliated with, or otherwise connected to the website, the products or services identified on the website, or the owner of the website.

7. Intellectual Property Rights

(a) Husky reserves all intellectual property and other proprietary rights in the Site and in any information and materials provided by Husky on the Site. You agree to comply with all copyright, trademark, and other laws worldwide in your use of the Site and to prevent any unauthorized copying, reproduction, modification, distribution, displaying, performing, or transmission in violation thereof or of these Terms. Except as expressly provided in these Terms, Husky does not grant any express or implied license or any other right to you under any patents, trademarks, copyrights, or trade secret information of Husky or of any third party. You hereby acknowledge that your access to the Site does not provide you with any rights to any of the content on the Site other than the limited rights expressly provided to you in these Terms.

(b) The trademarks, logos, and service marks displayed on the Site, including, but not limited to, HUSKY ENERGY and other names, logos, and designs identifying products and services (collectively, the "Marks") are the property of Husky or third parties. You are not permitted to use the Marks without the prior, express consent of Husky or the third party that owns the applicable Marks.

(c) All Site content, design, text, and graphics, and the selection and arrangement thereof, are the property of Husky.

8. Modification, Suspension, or Discontinuance of the Site or Your Status as a User

(a) Husky may, at any time and from time to time, in its sole discretion, modify or discontinue, temporarily or permanently, the Site or any portion thereof, with or without notice to you. You agree that Husky shall not be liable to you for any modification, suspension, or discontinuance of the Site.

(b) Husky may, in its sole discretion, suspend or terminate your status as a User at any time. You agree that Husky shall not be liable to you for any suspension or termination of your status as a User.

9. Disclaimers

THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, COVENANT, OR OTHER ASSURANCE AS TO THEIR ACCURACY OR COMPLETENESS. THE SITE AND ALL INFORMATION AND MATERIALS PROVIDED ON THE SITE ARE TAKEN BY THE USER ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND HUSKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, CONDITION, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, HUSKY MAKES NO WARRANTY THAT (I) THE SITE OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE INFORMATION OR MATERIALS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PART THEREOF WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (III) THE QUALITY OF THE SITE OR ANY PART THEREOF WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE OR ANY PART THEREOF WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUSKY OR THROUGH OR FROM USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10. Limitation of Liability

YOUR ACCESSING, VIEWING, AND USING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING, VIEWING, AND USING THE SITE OR ANY SUCH INFORMATION OR MATERIALS.

USER AGREES TO ASSUME ANY AND ALL LIABILITY FOR THE USE OF THE INFORMATION AND MATERIALS OBTAINED BY USER THROUGH OR FROM USE OF THE SITE.

UNDER NO CIRCUMSTANCES WILL HUSKY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING, THE SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM ECONOMIC LOSS, LOST PROFITS, LOST BUSINESS, BUSINESS INTERRUPTION, OR LOST BUSINESS INFORMATION OR DATA), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE INFORMATION AND MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER HUSKY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HUSKY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

11. Legal Notices

HUSKY RESERVES THE RIGHT TO PURSUE ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY AGAINST ANY USER THAT VIOLATES THESE TERMS.

12. Privacy

Husky's Privacy Policy applies to use of the Site, and its terms are made a part of these Terms and are incorporated as if fully rewritten herein. To view Husky's Privacy Policy, click here.

Last updated July 28th, 2014.

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