Terms of services
Last updated May 25, 2018.
2. OWNERSHIP/LICENSE OF ZENERGY SITE CONTENT
We are the owner or licensee of all content contained on the Site (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof). The Site is protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under Canada and international intellectual property laws. By using the Site you acknowledge that you do not acquire any ownership rights to the Site or any of its contents. Zenergy grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code, (collectively, the “Site Material”) are the exclusive property of Zenergy, its clients or licensors. The Site Materials are protected by Canada and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Site Material, or (ii) use the Site Material on other web sites or in any media, e.g., social media or networking environment, without Zenergy’s prior written consent. All Zenergy or client trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Zenergy or its respective clients. You shall not use the Marks in any manner without the prior written consent of Zenergy.
3. LINKS TO THIRD PARTIES
The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not controlled or monitored by Zenergy. Zenergy shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Zenergy and the owner of the Linked Sites or any endorsement or sponsorship by Zenergy of the Linked Sites. Zenergy includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any Site Material, content or intellectual property.
6. ELIGIBILITY/OTHER AGREEMENTS
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY ZENERGY TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE. THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ZENERGY’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE. ZENERGY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY ZENERGY TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY ZENERGY IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO ZENERGY BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZENERGY MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND ZENERGY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR THE SUBMISSION AND USE OF THE SITE AND ANY SITE MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE ZENERGY, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT,INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, SITE MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND AGREE THAT ZENERGY, ITS CLIENTS, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF ZENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, ZENERGY’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED CAN $100.
Zenergy has the right, in its sole discretion, to terminate any services of the Site and remove any Site Materials from the Site. Zenergy may also terminate your access to any part or all of the services provided by Zenergy on the Site at any time, with or without cause or notice, for any reason.