LEGAL

Legal Disclaimer

By accessing or using this website, you agree to the following terms.

These terms may be updated at any time without prior notice. Your continued use of the site constitutes acceptance of the current terms, and it is your responsibility to review them regularly.

Conditions of Use

Unless explicitly permitted, any reproduction, modification, or distribution of the materials or content on this website, in whole or in part, is prohibited. All content, including but not limited to graphics, HTML, JavaScript, multimedia, logos, and photographs, is owned by Avalon and protected by copyright.

Accuracy and Use of Information

The information provided on this website is believed to be accurate at the time of publication, but may be superseded by more recent information. While Avalon regularly updates the website, it cannot guarantee the accuracy, currency, or completeness of the information at all times. Stock quotes on this website may be delayed or inaccurate and are provided for informational purposes only. No representations or warranties are made regarding the accuracy, reliability, completeness, or timeliness of the information. Historical documents or statements may be outdated and should be considered in the context of their original date of publication.

Investment Decisions 

Due to the nature of the Internet and potential delays in information, the content on this website should not be relied upon for making investment decisions. The information on this website is not intended to modify, qualify, or amend disclosures under securities legislation and should not be used for making trading decisions. Avalon advises seeking independent financial advice before making any investment decisions.

For up-to-date information on Avalon’s securities, please refer to our public filings on SEDAR+ at www.sedarplus.ca and on EDGAR at www.sec.gov, or consult a financial advisor.

Forward-Looking Statements 

This website contains or incorporates by reference “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation, which may not be based on historical fact. These statements can often be identified by words such as “believe”, “expects”, “will”, “intends”, “projects”, “anticipates”, “estimates”, “continues” or similar words, including the negative forms of these terms. Statements that are not based on historical fact contained in this website, including through documents incorporated by reference herein, are forward-looking statements that involve risks and uncertainties that could cause actual events or results to differ materially from estimated or anticipated events or results reflected in the forward-looking statements. Such forward-looking statements reflect the Company’s current views with respect to future events and include, among other things, statements regarding targets, estimates and/or assumptions in respect of reserves and/or resources, and are based on estimates and/or assumptions related to future economic, market and other conditions that, while considered reasonable by the Corporation, are inherently subject to risks and uncertainties, including significant business, economic, competitive, political and social uncertainties and contingencies. These estimates and/or assumptions include but are not limited to: grade of ore; rare earth, tin and lithium and by-product commodity prices; metallurgical recoveries; operating costs; achievement of current timetables for development; strength of the global economy; availability of additional capital; and availability of supplies, equipment and labour.

Factors that could cause the Company’s actual results, performance, achievements, developments or events to differ materially from those expressed or implied by forward-looking statements include, among others, but are not limited to, market conditions, the possibility of cost overruns or unanticipated costs and expenses, the impact of proposed optimizations at the Company’s projects, actual results of exploration activities, mineral reserves and mineral resources and  metallurgical recoveries, discrepancies between actual and estimated production rate, mining operational and development risks and delays, regulatory restrictions (including environmental), activities by governmental authorities, financing delays, joint venture or strategic alliances risks, or other risks in the mining industry, as well as those risk factors discussed or referred to in the Company’s annual Management’s Discussion and Analysis and Annual Report filed with the securities regulatory authorities in all provinces and territories of Canada, other than Québec, and available at www.sedarplus.com.

Most of the foregoing factors are beyond Avalon’s ability to control or predict. Although the Company has attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to be as anticipated, estimated or intended. There can be no assurance that the plans, intentions or expectations upon which these forward-looking statements are based will occur. The forward-looking statements contained herein are qualified in their entirety by this cautionary statement. Readers should not place undue reliance on the forward-looking statements, which reflect management’s plans, estimates, projections and views only as of the date hereof. The forward-looking statements contained herein is presented for the purpose of assisting readers in understanding the Corporation’s expected financial and operating performance, and the Company’s plans and objectives, and may not be appropriate for other purposes. Avalon does not undertake to update any forward-looking statements that are contained herein, except in accordance with applicable securities law.

Cautionary Note Regarding Mineral Reserves and Mineral Resources

Readers should refer to the current Annual Information Form of Avalon and other continuous disclosure documents filed by Avalon since the filing of its current Annual Information Form available on SEDAR+ at www.sedarplus.com, for further information on mineral resources, which is subject to the qualifications and notes set forth therein as well as for additional information relating to Avalon more generally.  Mineral resources which are not mineral reserves, do not have demonstrated economic viability.    

Cautionary Note to United States Investors Concerning Estimates of Measured, Indicated, and Inferred Mineral Resources:

This website is presented in accordance with Canadian standards for reporting of mineral resource estimates, which differ in some respects from United States standards.  In particular, and without limiting the generality of the foregoing, the terms mineral resources,” “measured mineral resources,” “mineral reserves,” “proven mineral reserves,” and “probable mineral reserves” used or referenced in this website are Canadian mineral disclosure terms as defined in accordance with NI 43-101 under the guidelines set out in the CIM Standards.  These definitions differ from the definitions in Subpart 1300 of Regulation S-K (“Subpart 1300”), based on the Committee for Mineral Reserves International Reporting Standards (“CRIRSCO”), which replaced the United States Securities and Exchange Commission’s (the “SEC”) Industry Guide 7 as part of the SEC’s amendments to its disclosure rules to modernize the mineral property disclosure requirements.  These amendments became effective February 25, 2019 and registrants were required to comply with the Subpart 1300 provisions by their first fiscal year beginning on or after January 1, 2021. 

Readers are cautioned not to assume that all or any part of mineral reserves and mineral resources determined in accordance with NI 43-101 and CIM Standards will qualify as, or be identical to, mineral reserves and mineral resources estimated under the standards of the SEC applicable to U.S. companies under Subpart 1300.  While the definitions in Subpart 1300 are more similar to the definitions in NI 43-101 and the definitions in the CIM Standards than were the Industry Guide 7 provisions due to the adoption in Subpart 1300 of terms describing mineral reserves and mineral resources that are “substantially similar” to the corresponding terms under the definitions in the CIM Standards, including the SEC now recognizing estimates of “measured mineral resources”, “indicated mineral resources” and “inferred mineral resources” and amending its definitions of “proven mineral reserves” and “probable mineral reserves” to be “substantially similar” to the corresponding definitions under the CIM Standards that are required under NI 43-101, the definitions in Subpart 1300 still differ from the requirements of, and the definitions in, NI 43-101 and the CIM Standards.

Investors are cautioned that while the above terms are “substantially similar” to the corresponding definitions in the CIM Standards, there are differences in the definitions in Subpart 1300 and the CIM Standards.  Accordingly, there is no assurance any mineral resources or mineral reserves that the Company may report as “inferred mineral resources,” “indicated mineral resources,” “measured mineral resources,” “proven mineral reserves,” and “probable mineral reserves” under NI 43-101 would be the same had the Company prepared the mineral resource or mineral reserve estimates under the standards adopted under the standards of the SEC applicable to U.S. domestic companies under Subpart 1300. 

Investors are also cautioned that while the SEC recognizes “inferred mineral resources,” “indicated mineral resources,” and “measured mineral resources” under Subpart 1300, investors should not assume that any part or all of the mineralization in these categories will ever be converted into a higher category of mineral resources or into mineral reserves.  Mineralization described using these terms has a great amount of uncertainty as to its existence, and great uncertainty as to its economic feasibility than mineralization that has been characterized as reserves.  Accordingly, investors are cautioned not to assume that any measured mineral resources, indicated mineral resources, or inferred mineral resources that the Company reports are or will be economically or legally mineable. 

Under Canadian rules, estimates of “inferred mineral resources” may not form the basis of feasibility or other economic studies, except in limited circumstances.  Readers are also cautioned not to assume that all or any part of an inferred mineral resource exists.  The term “resource” does not equate to the term “reserves”.  Accordingly, information contained herein containing descriptions of the Company’s mineral deposits may not be comparable to similar information made public by United States companies subject to the reporting and disclosure requirements under the United States federal securities laws and the rules and regulations thereunder. 

Intellectual Property and Use of Content 

All content available on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively referred to as the “Content“), is the exclusive property of Avalon, its licensors, or other third-party content providers, and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. Avalon retains all rights, title, and interest in the Content, as well as any related intellectual property rights. The name “Avalon” is a registered trademark of Avalon Advanced Materials Inc., and the unauthorized use of this trademark or any other proprietary material on this website is strictly prohibited.

Some materials on this website, such as certain audio, video, or trademarks, may not be originally produced by Avalon. These materials are copyrighted by their respective creators or owners and are used here either by permission, as examples, or as public domain reference material. Avalon does not claim ownership over these third-party materials, but their use on this website is subject to the same restrictions and protections.

By accessing and using this website, you agree to the following terms and conditions regarding the use of the Content. You are permitted to view, download, and print the Content from this website for personal, non-commercial purposes only. Any other use of the Content, including reproduction, modification, distribution, transmission, republication, or display, is strictly prohibited without the express prior written consent of Avalon. To seek permission for such uses, please contact Avalon’s Investor Relations at (416) 364-4938 or via email at ir@AvalonAM.com.

Third-Party Links

This website may contain links to third-party websites or services that are not under our control. These links are provided solely for your convenience and do not imply any endorsement or sponsorship of the content, products, goods, or services available on or through these third-party sites. Avalon makes no representations about the accuracy or reliability of any information found on these third-party websites and assumes no responsibility for any content or services provided by them.

You assume full responsibility and liability for accessing or using such third-party websites or services. Any dealings you engage in with third parties through links found on this website are solely between you and the third party, and Avalon is not liable for any loss or damage that may result from such interactions.

Jurisdiction

This Disclaimer is governed by the laws of the Province of Ontario and applicable federal laws of Canada. Any disputes arising from your use of this website will be subject to the exclusive jurisdiction of the courts in Ontario.

Limitation of Liability

You understand and agree that your use of this website, including downloading any materials from it or from linked sites, is at your own risk. Avalon does not guarantee or warrant that any materials downloaded from this website, or linked sites are free of viruses, worms, Trojan horses, or other harmful or destructive components. You are solely responsible for implementing adequate safeguards to protect your computer system and data, including the full cost of any repairs or services required due to the use of this website or any linked site.

Avalon specifically disclaims any liability for losses or damages arising from the use of this website, the information contained herein, or any linked sites, including but not limited to:

• Indirect, consequential, incidental, special, compensatory, or punitive damages;
• Damages for loss of income, business profits, business interruption, loss of data or business information, or damage to property;
• Claims made by third parties;
• Other financial losses or pecuniary damage arising out of or related to your use of the website or any linked sites.

In no event will the cumulative liability of Avalon and its service providers related to the use of this website, or any linked sites exceed CAD$10.00. Some jurisdictions do not allow the exclusion or limitation of certain categories of damages, so these exclusions or limitations may not apply to you in those cases.

This disclaimer of warranties and limitation of liability applies regardless of the causes, circumstances, or legal theory giving rise to the claim, loss, damage, or liability, even if Avalon or its service providers have been advised of the possibility of such claims or damages.

By using this website, you agree to indemnify and hold harmless Avalon and its service providers from and against any and all claims, liabilities, damages, demands, losses, or expenses (including legal fees) arising from your breach of this Disclaimer or any other applicable policies. You also agree that Avalon will not be responsible for any damages or losses arising from your violation of these terms, local laws, or third-party rights during your use of this website or any linked sites. 

Privacy 

Avalon is committed to protecting your privacy. Please see our Privacy Policy https://avalonadvancedmaterials.com/privacypolicy/ for information on how Avalon collects, uses, stores, protects and discloses personal information. Any questions relating to our privacy practices can be directed to our Privacy Officer at 416-364-4938, or privacy@avalonam.com, or writing us at: Avalon Advanced Materials Inc., Attn: Privacy Officer, 2060 – 130 Adelaide St. West, Toronto, ON M5H 3P5.

No Solicitation 

THE MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO, NOR DOES IT, CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION.

No securities commission or other regulatory authority in Canada or any other country or jurisdiction has in any way passed upon this information and no representation or warranty is made by Avalon to that effect. 

The information on this website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Avalon and should not be used for the purpose of making investment decisions concerning Avalon securities. Avalon’s Canadian and U.S. public filings can be viewed on SEDAR+ at www.sedarplus.caa and on EDGAR at www.sec.gov, respectively. 

If you are contemplating trading in the securities of Avalon, we strongly advise you to seek independent professional advice before making any investment decision.

General

This Disclaimer, along with all other notices, policies, and statements available on this website, constitutes the entire agreement between you and Avalon regarding the use of the services provided through the website. This Disclaimer supersedes all prior or concurrent communications, whether electronic, oral, or written, between you and Avalon with respect to the website and its services. In the event you have a separate commercial agreement with Avalon, it will not apply to the services provided through this website. The terms of this Disclaimer, including but not limited to any services provided through the website, shall remain the sole and governing agreement in relation to your use of the website, overriding any other agreements.

If any provision of this Disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full effect. Any invalid provision will be restricted or eliminated to the minimum extent necessary to comply with the law.

No waiver of any term or condition in this Disclaimer shall be considered a continuing waiver of that term or any other term. Failure to enforce any right or provision under this Disclaimer will not constitute a waiver of such right or provision.

Legal Contact 

For concerns regarding privacy, confidentiality, or obtaining copies of public disclosures, please contact Avalon’s Corporate Secretary at (416) 364-4938.

Last Updated: September 13, 2024