Terms & Conditions
Enercare reserves the right to change these Terms and Conditions from time to time without notice, however, we will post the changes on this Website. Please review the Terms and Conditions regularly for any changes that may have been made. Your continued use of the Website following the posting of any changes to the Terms and Conditions constitutes your acceptance of these changes.
Subject to your continued compliance with these Terms and Conditions, Enercare grants you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Website for your personal purposes.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), whether publicly posted or privately transmitted to the Website by you, are your sole responsibility. Enercare takes no responsibility and assumes no liability for any Content posted by you or any third-party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit the Website, access to the Website, or any portion of the Website, or to use the Website to:
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
- harm other users in any way;
- violate securities laws or cause any person to violate securities laws;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, e-mail, 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;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
- “stalk” or otherwise harass another user of the Website or other person; or
- collect or store personal data about other users.
You acknowledge that Enercare may not pre-screen Content provided by users of the Website, but that we and our agents and designees shall have the right (but not the obligation) in their sole discretion to edit, refuse or move any Content that is available via the Website. In the event that you submit any Content to the Website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such Content in any media, now known or hereafter devised. If you provide feedback, ideas or suggestions to us in connection with the Website or our products and services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use such Feedback without restriction and without payment to you. For greater certainty, Feedback is considered Content.
The information contained in this Website has been prepared solely for the purpose of providing general information about Enercare and its products and services.
The information contained in this Website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
Unless otherwise specified, this Website is directed solely at those who access this Website from Canada. Enercare makes no representation that any product or service referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the Website shall be filed only in the provincial or federal courts located in Toronto, Ontario, Canada and you hereby submit to the nonexclusive jurisdiction of such courts.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ITS CONTENTS, AND ANY OF THE SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF ENERCARE, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DO NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS, AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ENERCARE, ITS AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF ENERCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, ITS CONTENTS, OR ANY THIRD PARTY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL ENERCARE’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS WEBSITE. IN ADDITION, YOU AGREE TO EXEMPT FROM PENALTIES, INDEMNIFY, DEFEND, AND HOLD ENERCARE, AND ITS AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY ACTIVITY YOU ENGAGE ON OR THROUGH THE WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR THE POLICIES THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY APPLICABLE LAWS OR RIGHTS OF ANOTHER.
Enercare does not represent that the information contained in this Website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the Website or for any reliance placed by any person on the information.
Certain (hypertext) links in this Website will lead you to websites which are not under the control of Enercare. These links are being provided to you as a convenience, and we assume no liability for any material found through such links. We have no control over and will accept no responsibility or liability in respect of the material or privacy practices on any sites accessed through such links.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The copyright in the material and content contained in this Website belongs to Enercare or its affiliates of their respective licensors. Except for third party marks, as between you and us, all names, trademarks, service marks, certification marks, symbols, icons, slogans or logos appearing on the Website are proprietary to Enercare or its affiliates, licensors or suppliers (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by us in writing, you may not copy or use any Brand Features.
Questions about these Terms and Conditions should be sent to us at [email protected].