Fortuna Silver Mines Inc. ("Fortuna") is the owner of this website. As a condition of using this website and accessing information and data, you agree to the following:
Fortuna or its third-party service providers own all right, title and interest in this website, including all associated market data and information, and you acquire no interest therein. The materials provided on this website including, without limitation, all content, site design, text, graphics, icons, photographs, and logos, and the selection and arrangement thereof, are protected by copyright and all rights are reserved. Any unauthorized use or any copying, reproduction, modification, uploading, posting, transmission or other distribution of the materials is strictly prohibited and may be a violation of trademark and/or copyright laws and is subject to legal enforcement. Nothing in your use of this website grants you any rights in or to the intellectual property or proprietary rights of Fortuna or any third party. You may not frame nor link to this website without Fortuna's express written permission.
Fortuna's name, www.fortunasilver.com and related words and logos are trade-marks, trade-names and/or service marks of Fortuna. Nothing on the website shall be construed as granting, either expressly or by implication, a license or other right to you to use any marks or names or other intellectual property of Fortuna. The names of other companies, products or services referred to on this website may also be trade-marks or trade-names of their respective owners and any unauthorized use of the trade-marks or trade-names of Fortuna or of any third party is strictly prohibited.
Cautionary Note Regarding Forward-Looking Statements
This website and the documents contained or incorporated by reference herein contain forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and Section 21E of the United States Securities Exchange Act of 1934, as amended (the "Exchange Act"), and forward-looking information within the meaning of applicable Canadian securities legislation (collectively, "forward-looking statements"). All statements included herein, other than statements of historical fact, are forward-looking statements and are subject to a variety of known and unknown risks and uncertainties which could cause actual events or results to differ materially from those reflected in the forward-looking statements.
Often, but not always, these forward-looking statements can be identified by the use of words such as "anticipates", "believes", "plans", "estimates", "expects", "forecasts", "scheduled", "targets", "possible", "strategy", "potential", "intends", "advance", "goal", "objective", "projects", "budget", "calculates" or statements that events, "will", "may", "could" or "should" occur or be achieved and similar expressions, including negative variations.
Forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any results, performance or achievements expressed or implied by the forward-looking statements. Such uncertainties and factors include, among others: operational risks associated with mining and mineral processing; uncertainty relating to Mineral Resource and Mineral Reserve estimates; uncertainty relating to capital and operating costs, production schedules and economic returns; uncertainty and risks related to the start-up of the Lindero Project; uncertainty relating to capital and operating costs and economic returns of development projects such as the Lindero Project; risks related to the construction, commissioning and commencement of commercial production at the Lindero Project; risks associated with mineral exploration and project development; uncertainty relating to the repatriation of funds as a result of currency controls; risks relating to the Company's ability to replace its Mineral Reserves; environmental matters including potential liability claims; uncertainty relating to nature and climate conditions; risks associated with political instability and changes to the regulations governing the Company's business operations; changes in national and local government legislation, taxation, controls, regulations and political or economic developments in countries in which the Company does or may carry on business; risks relating to the termination of the Company's mining concessions in certain circumstances; risks related to International Labour Organization Convention 169 compliance; developing and maintaining relationships with local communities and stakeholders; risks associated with losing control of public perception as a result of social media and other web-based applications; potential opposition of the Company's exploration, development and operational activities; risks related to the Company's ability to obtain adequate financing for planned exploration and development activities; substantial reliance on the Caylloma Mine and the San Jose Mine for revenues; property title matters; risks relating to the integration of businesses and assets acquired by the Company; impairments; reliance on key personnel; uncertainty relating to potential conflicts of interest involving the Company's directors and officers; risks associated with the Company's reliance on local counsel and advisors and its management and Board (as defined herein) in foreign jurisdictions; adequacy of insurance coverage; risks related to the Company's compliance with the Sarbanes-Oxley Act; risks related to the foreign corrupt practices regulations and anti-bribery laws; legal proceedings and potential legal proceedings; uncertainties relating to general economic conditions; risks relating to a global pandemic, including COVID-19, which unless contained could cause a slowdown in global economic growth and impact the Company's business, operations, financial condition and share price; competition; fluctuations in metal prices; risks associated with entering into commodity forward and option contracts for base metals production; fluctuations in currency exchange rates; failure to meet covenants under the 2018 Credit Facility; ax audits and reassessments; uncertainty relating to concentrate treatment charges and transportation costs; sufficiency of monies allotted by the Company for land reclamation; risks associated with dependence upon information technology systems, which are subject to disruption, damage, failure and risks with implementation and integration; risks associated with climate change legislation; risks related to the volatility of the trading price of the Company's common shares and the Company's debentures; dilution from future equity or convertible debt financings; risks related to future insufficient liquidity resulting from a decline in the price of the Common Shares or Debentures; uncertainty relating to the Company's ability to pay dividends in the future; risks relating to the market for the Company's securities; risks relating to the Debentures of the Company; and uncertainty relating to the enforcement of U.S. judgments against the Company; as well as those factors referred to in the "Risk Factors" section in the Company's Annual Information Form filed with the Canadian securities regulatory authorities and included in our most recent Annual Report on Form 40-F filed with the SEC.
Forward-looking Statements are based on the assumptions, beliefs, expectations and opinions of management, including but not limited to: all required third party contractual, regulatory and governmental approvals will be obtained for the exploration, development, construction and production of its properties; there being no significant disruptions affecting operations, whether relating to labor, supply, power, damage to equipment or other matter; permitting, construction, development and expansion proceeding on a basis consistent with the Company's current expectations; expected trends and specific assumptions regarding metal prices and currency exchange rates; prices for and availability of fuel, electricity, parts and equipment and other key supplies remaining consistent with current levels; production forecasts meeting expectations; and the accuracy of the Company's current Mineral Resource and Mineral Reserve estimates.
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 forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers are cautioned not to place undue reliance on forward-looking statements. Except as required by law, the Company does not assume the obligation to revise or update these forward-looking statements or to revise them to reflect the occurrence of future unanticipated events or otherwise.
Note about the information contained herein and the Novel Coronavirus
As at March 26, 2020, the Company was operational at the Caylloma Mine in Peru with essential personnel due to a declaration of a period of mandatory national "social isolation" mandated by the government of Peru, and operations at the Lindero Project were temporarily suspended due to the "social isolation" mandated by the government of Argentina in response to the COVID-19 pandemic. The Company's operations and financial performance are dependent on it being able to operate at each of its mines and projects. Given the fast-changing situation with respect to the COVID-19 pandemic, including the areas suffering from the pandemic and the response of governments in implementing protective policies including travel bans, it is difficult to predict the exact nature and extent of the impact the pandemic may have on the Company and its business. The Company could be restricted from operating at its mines and projects for a material period of time, and its ability to transport and sell its concentrates could likewise be restricted. Any changes in the current situation relating to the COVID-19 pandemic and an increase in the current restrictions applicable to its operations could significantly impact the Company and its performance and thus would impact the accuracy of any forward-looking statements contained on this website and the documents contained or incorporated by reference herein, particularly with respect to the 2020 production guidance for each of its mines and the Lindero Project, and construction timelines, cost budget and timing for commencement of production at the Lindero Project. Management does not have sufficient information to update its 2020 production guidance for each of its mines and the Lindero Project, construction timelines, cost budget and timing for commencement of production at the Lindero Project to take into account the impact of COVID-19, but it is continuing to closely monitor the situation and plans to update such information when there is a reasonable basis to do so.
Cautionary Note Regarding Non-GAAP Financial Measures
This website refers to various non-GAAP financial measures that are not defined under International Financial Reporting Standards, as issued by the International Accounting Standards Board ("IFRS"), including but not limited to cash cost per tonne of processed ore; cash cost per payable ounce of silver; total production cost per tonne; all-in sustaining cash cost; all-in cash cost; all-in cash cost per ounce of silver equivalent production; adjusted net (loss) income; operating cash flow per share before changes in working capital; free cashflow; income taxes and interest income; and adjusted EBITDA.
These measures are used by the Company to manage and evaluate operating performance and ability to generate cash flow and are widely reported in the mining industry as benchmarks for performance. The Company believes that certain investors use these non-GAAP Financial Measures to evaluate the Company's performance. However, the measures do not have a standardized meaning or method of calculation and may differ from measures used by other companies with similar descriptions. Accordingly, non-GAAP Financial Measures should not be considered in isolation or as a substitute for measures of performance prepared in accordance with IFRS.
Disclosure of Mineral Technical Information
This website, including the documents and materials posted thereon, has been prepared in accordance with the requirements of Canadian securities laws, which differ from the requirements of U.S. securities laws. Unless otherwise indicated, all mineral estimates included on this website have been based upon mineral resource estimates prepared in accordance with Canadian National Instrument 43-101 - Standards of Disclosure for Mineral Projects ("NI 43-101") and the Canadian Institute of Mining, Metallurgy and Petroleum classification system. NI 43-101 is a rule developed by the Canadian Securities Administrators that establishes mining standards for all public disclosure an issuer makes of scientific and technical information concerning mineral projects.
Canadian standards, including NI 43-101, differ significantly from the disclosure requirements of U.S securities currently in effect, and Mineral Reserve and Mineral Resource information contained or referred to herein may not be comparable to similar information disclosed by United States companies. Equivalent U.S. disclosure requirements are currently governed by the United States Securities and Exchange Commission ("SEC") Industry Guide 7 ("Industry Guide 7") under the U.S. Securities Act of 1933, as amended In particular, and without limiting the generality of the foregoing, the term Mineral Resource does not equate to the term "reserve". Under the SEC's disclosure standards currently in effect under Industry Guide 7, mineralization may not be classified as a "reserve" unless the determination has been made that the mineralization could be economically and legally produced or extracted at the time the reserve determination is made. Among other things, all necessary permits would need to be in hand or issuance imminent in order to classify mineralized material as reserves under such U.S. standards currently in effect. While the SEC recognizes the reporting of mineral deposits which do not meet the Industry Standard Guide 7 definition of "reserve" as of February 25, 2019, the effective adoption of the Modernization of Property Disclosures for Mining Registrants, such rules are not required to be complied with until the first fiscal year beginning on or after January 1, 2021. As a result, the SEC's disclosure standards currently in effect for U.S. companies still reporting under Industry Standard Guide 7 normally do not permit the inclusion of information concerning Measured Mineral Resources, Indicated Mineral Resources or Inferred Mineral Resources or other descriptions of the amount of mineralization in mineral deposits that do not constitute "reserves" by United States standards in documents filed with the SEC.
United States investors are cautioned not to assume that all or any part of Measured Mineral Resources or Indicated Mineral Resources will ever be converted into reserves. United States investors should also understand that Inferred Mineral Resources have an even greater amount of uncertainty as to their existence and as to their economic and legal feasibility. It cannot be assumed that all or any part of an Inferred Mineral Resource will ever be upgraded to a category having a higher degree of certainty. Under Canadian rules, estimates of Inferred Mineral Resources may not form the basis of Feasibility or Pre-Feasibility Studies except in rare cases. Investors are cautioned not to assume that all or any part of an Inferred Mineral Resource exists or is economically or legally mineable.
Disclosure of "contained tonnes" in a Mineral Resource estimate is permitted disclosure under NI 43-101 provided that the grade or quality and the quantity of each category is stated; however, the SEC's disclosure standards currently in effect under Industry Guide 7 normally only permit issuers to report mineralization that does not constitute "reserves" by SEC standards as in place tonnage and grade without reference to unit measures. The requirements of NI 43-101 for identification of Mineral Reserves are also not the same as those of the SEC's disclosure standards currently in effect under Industry Guide 7, and Mineral Reserves reported in compliance with NI 43-101 may not qualify as "reserves" under such SEC standards. Accordingly, information contained or referred to herein containing descriptions of mineral deposits may not be comparable to similar information made public by U.S. companies subject to the reporting and disclosure requirements under the U.S. federal securities laws and the rules and regulations thereunder.
Currency of Website
Fortuna takes considerable care and effort to review and, where it deems appropriate and/or it is legally required, to update the information on this website. However, such information is not intended to be a comprehensive review of all matters and developments concerning Fortuna and Fortuna cannot guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard. Unless otherwise indicated, all information posted on this website is current only as of the date of the document that contains the information, the date on which the document is posted (if indicated), or to the time period to which the document or material relates, whichever is earlier. Fortuna may at any time make changes to the information on this website without prior notice.
Disclaimer and Exclusion of Liability
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FORTUNA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF PROFITS OR BUSINESS INTERRUPTION) OR DUE TO THE USE OF OR INABILITY TO USE THE MATERIALS CONTAINED ON THIS WEBSITE. ANY USE OR RELIANCE ON THE CONTENT OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK.
In particular and among other things, Fortuna shall not be liable for any claims, expenses, damages (including direct, indirect, special or consequential damages), loss of profits or opportunities, arising from:
- this website, including without limitation, as to the accuracy, reliability, currency, veracity, or completeness of the content;
- the use of or reliance on information contained in this website;
- any delays, inaccuracies or errors in, or in the transmission of, any stock price quotes or historical price data;
- use of any third-party websites, including any information or content thereon, linked to this website;
- any internet software used in connection with this website, or computer viruses or other destructive programs encountered as a result of using this website; and
- any other matter connected with this website; even if Fortuna is made aware of the possibility of such claims, expenses, damages or losses;
As a convenience to visitors, this website may contain links to a number of third-party websites. Your linking to such websites or pages is at your own risk. Fortuna is not responsible for the accuracy, currency or reliability of any information, data, opinions, advice, statements or other content on linked sites and links are provided merely as a convenience. The inclusion of such links does not imply that Fortuna endorses or monitors these linked websites. In addition, Fortuna does not warrant or otherwise guarantee that electronic materials on these websites are free of viruses or other harmful components.
FORTUNA DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF LINKED WEBSITES, NOR FOR THEIR CONTENT OR USES.
DOCUMENTS, MATERIAL AND INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO AND DO NOT CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION. FORTUNA DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.
Fortuna is subject to the securities laws of various jurisdictions. Information disclosed or provided by Fortuna pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this website. 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 Fortuna to that effect. Fortuna's Canadian and U.S. public filings can be viewed on SEDAR at www.sedar.com and on EDGAR at www.sec.gov/edgar.shtml.
The information set out in this website should not be used for the purpose of making investment decisions with respect to Fortuna securities. We strongly encourage you to seek independent professional advice before making any investment decisions.
Compliance with Laws
You agree to use the website, any linked websites and any services available on or through the website or linked websites only for lawful purposes and in a manner consistent with applicable local, national and international laws and regulations. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use or enjoyment of the website.
Stock Quotes and Related Information
All stock quotes are delayed unless otherwise stated and such delays may exceed 20 minutes. All stock quotes and historical stock price data are provided by third party service providers and are provided for informational purposes only, and are not intended for trading, business or financial purposes. Fortuna does not guarantee the sequence, accuracy or completeness of any stock quotes available on this website or on any linked website, nor any other data displayed, and is not liable or responsible in any way for any delays, inaccuracies or errors in, or in the transmission of, any stock price information or data. Fortuna and its service providers are not liable or responsible in any way for any damages, losses or costs arising from reliance upon this information or incurred as a result of the nonperformance, interruption or termination for any reason whatsoever of the stock price information or data.
Maintaining the privacy of your personal information is important to Fortuna. Fortuna's website does not collect any personal information about visitors to this website other than as discussed herein or which is specifically and knowingly provided by you. Personal information will not be transferred to any party outside of Fortuna unless otherwise stated at the time of collection. Fortuna may collect and maintain statistics relating to the number of visits to the website, the types of browsers used and the Internet Protocol Address of the originator. This information is used only for internal purposes.
Any material, information or other communication (including questions, comments or suggestions) you transmit to Fortuna through this website will be considered non-confidential and non-proprietary. In making any such transmission, you agree that Fortuna will have no obligations of any kind with respect to those communications. Where it is necessary, in order to respond to your enquiry, the communications you provide may be passed on within the Fortuna organization and/or to its external advisors and may also, in some cases, be provided to the police or other governmental authorities. By sending any communications to us, you are consenting to the personal information contained therein being transferred or otherwise communicated as described herein. You are prohibited from posting or transmitting to or from Fortuna any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other such materials, or materials, content or communications that may violate any law.
Your use of this website shall be governed by the laws of the Province of British Columbia and any applicable federal laws of Canada. The courts of the Province of British Columbia shall have exclusive jurisdiction over any dispute arising out of your use of this website.