BluEarth

Terms of Use

Last Updated:  September 21, 2016

Welcome to the BluEarth Renewables Inc. website located at www.bluearthrenewables.com   www. bluearthrenewables.com and www.bluearth.ca (the “Website”). If you continue to browse the Website or use its services you are agreeing to comply with and be bound by the following terms and conditions of use which govern BluEarth’s relationship with you in relation to the Website (the “Terms of Use”). If you do not agree to any of the following terms and conditions, please do not use the Website.

The term “BluEarth” or “us” or “we” refers to BluEarth Renewables Inc., the owner of the Website, and its affiliates. The term “you” refers to the user or viewer of the Website.

Changes to these Terms of Use and Website

Except where prohibited by applicable law, bluearth reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the website after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

BluEarth reserves the right to modify or amend the contents of the Website, (including, but not limited to, any material, information, pricing, features and availability of website services) (the “Content”) contained on or provided through the Website, at any time and without notice.

Use of the Website

As a condition of your use of the Website, you warrant that: (1) you possess the legal authority to create a binding legal obligation; (2) you will use the website in accordance with these Terms of Use; (3) all information supplied by you on the Website is true, accurate, current and complete; and (4) if you are accessing or using the Website on behalf of another person or corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

The Website is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about BluEarth through the Website; (2) if and as permitted by BluEarth and these Terms of Use, enable you to use the Website and receive any services offered to you through the Website; (3) if applicable, facilitate any payments from you to the BluEarth in respect of your use of the Website or the receipt of any services through the Website; and (4) if and as permitted by BluEarth and these Terms of Use, provide feedback and otherwise communicate with BluEarth in connection with any of the foregoing ((1) through (4) collectively, “Website Services”).

BluEarth retains the right, at its sole discretion, to deny access to anyone to the Website or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by BluEarth.

License Grants

Subject to these Terms of Use, BluEarth grants you a personal, revocable, non-exclusive and non-transferable license during the Term (defined below) to permit you to use the Website in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to BluEarth a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the Website, or (2) BluEarth or the Website collects, retrieves or obtains from your local computer system or from third parties with your permission or on your behalf, and (in each case) including all results from processing such data, including compilations, and derivative works thereof (the “User Content”) including for the purpose of: (A) providing the Website Services, (B) complying with applicable law, and (C) BluEarth’s reasonable audit and data retention policies.

Term and Termination

These Terms of Use will commence on the day you first use the Website and will continue into force until terminated by either party as described below (the “Term”). Either party may terminate these Terms of Use as follows: (1) BluEarth may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at BluEarth’s discretion, by email (at your current email address on file with BluEarth) or through the Website; (2) you may terminate these Terms of Use at any time by  ceasing use of the Website.

Copyright

In using the Website, you agree that the content hereof (including designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Website) are owned or licensed by BluEarth and are protected by copyright, trade-mark and other intellectual property laws. You acknowledge that these rights are valid, and that your use of the content of the Website will be governed by applicable copyright, trademark, and other intellectual property laws. You should be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. Accessing images or text on websites does not give you any rights to use them as you wish. Only the copyright owner, or their legal agent, can give you permission to copy, distribute, or publicly display protected material.

Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use:

No Unlawful or Prohibited Use

You will not, without BluEarth’s prior written permission, use the Website and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Website or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Website or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (4) take any action that imposes, or may impose, in BluEarth’s discretion, an unreasonable or disproportionately large load on the Website; (5) deep-link to any portion of the Website for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Website or any Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Website or the Content; (8) use the Website or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by the BluEarth and only in the exact manner specified and enabled by the BluEarth; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website or the Content; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website or the Content; (11) create derivative works based on the Website or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Website or the Content; (12) use the Website in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content that violate such third-party rights; or (13) upload to or transmit through the Website any User Content that is offensive, hateful, obscene, defamatory or violates any applicable laws, in each case as determined by BluEarth in its sole discretion.

Third Party Websites

Our Website may contain links to enable you to visit other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot and are not responsible for the protection and privacy of any information which you provide while visiting such sites. BluEarth does not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. You should exercise caution and look at the privacy statement applicable to the website in question. If you visit such third party websites, you do so at your own risk.

Viruses

The downloading  and viewing of Content is done at your own risk. BluEarth cannot and does not guarantee or warrant that the Website or the Content are compatible with your computer system or that the Website or the Content, or any links from the Website or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.

Communications Not Confidential or Secure

BluEarth does not guarantee the confidentiality of any communications made by you through the Website. Although BluEarth generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website, you understand, agree and acknowledge that BluEarth cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.

Disclaimer and Limitation of Liability

Neither BluEarth nor any of its subsidiaries or affiliateswill be liable to you with respect to any of the materials contained in the Website, nor any use of or reliance on such materials by you. Use of the Website or the Content is at your own risk. BluEarth does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Website or the Content. BluEarth does not take any responsibility for any errors, omissions, and inaccuracies which may be on the Website or its Content.

The Website and the material and content hereof are provided “as is”. To the fullest extent permitted by law, BluEarth disclaims all warranties, representations and conditions of any kind with respect to the website and the content whether express, implied, statutory or collateral, including any implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose or non-infringement, that arise out of a course of dealing or trade, or that the website or the content are or will be error-free or will operate without interruption. In no event will BluEarth be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not BluEarth is advised of the possibility of such damages, resulting from or related to any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to or alteration of, the Website, or the materials in it, or the use of, or the inability to make use of, the website or the content.

The foregoing limitation of liability is subject to applicable law.

To the extent that the foregoing limitation does not apply, in no event will the total aggregate liability of BluEarth in connection with or under these terms of use or your use of, or inability to make use of, the website or the content, or for any other claim related in any way to your use of, or inability to make use of, the website or the content exceed CAD $10 or the equivalent in local currency. For greater certainty, the existence of one or more claims under these terms of use will not increase the maximum liability amount.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Indemnification

You will defend, indemnify and hold harmless BluEarth and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

(a) your breach of any of your warranties, representations or obligations under these Terms of Use;

(b) your violation of any applicable law or the rights of a third party (including intellectual property rights); or

(c) your use of the Website or the Content.

Governing Law and Jurisdiction

Your use of the Website, any dispute arising out of such use of the website, and these terms and conditions shall be governed in all respects by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of laws principles that would impose the laws of another jurisdiction.

These laws apply to your access to or use of the Website or the Content, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where they may be lawfully offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of or relating to the use of the Website or the Content.

Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between BluEarth and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BluEarth with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The word “including” or “includes” means “including (or includes) without limitation”.

If any provision of these terms and conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced. The points and or headings of these terms and conditions are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others of these terms and conditions does not waive our right to act with respect to subsequent or similar breaches.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.