Net Zero Atlantic Terms of Use ("Terms of Use") for use of www.netzeroatlantic.ca (the "Website")
BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS
AND CONDITIONS OF THESE TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION AND UNDERSTAND THAT THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "USER", AND NET ZERO ATLANTIC ("NZA" OR "WE") AND THE PRIVACY POLICY FOUND AT WWW.NETZEROATLANTIC.CA/PRIVACY-POLICY (THE "PRIVACY POLICY").
Purpose
We are an independent, not-for-profit organization that is helping Atlantic Canada move toward a more sustainable energy future by producing credible and objective data to inform sound energy policies and decisions. Our focus is on coordinating research and projects that will help decarbonize our region's economy, mitigating climate change impacts and moving Atlantic Canada toward net zero emissions. We share information through our Website and research portals, which is an open portal providing easy access to our research project documentation. NZA does not peer review any information or Documents (as defined below) found on the Website and therefore all content on the Website is for informational purposes only. It is not intended to amount to advice on which you should rely. Your use of the Website is at your own risk and NZA has no responsibility or liability whatsoever for your use of this Website.
Disclaimer
While NZA and its various partners are committed to providing information that is correct, accurate, and timely, the Website, Documents and content are provided "as is". Information appearing on the Website is not independently verified by NZA for completeness or accuracy. NZA only reviews the information to determine that, generally, the content is consistent with the purpose of the Website.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK INCLUDING DATA PROVIDED THROUGH THE WEBSITE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER NZA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER OERA NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Specific Documents Available on Website
Permission to use documents (such as white papers, press releases, datasheets and FAQs) ("Documents") from the Website is granted, provided that use of such Documents is not expressly prohibited by law.
Materials Provided to NZA or Posted on Website
NZA does not claim ownership of the materials you provide to NZA (including feedback and suggestions) or post, upload, input or submit the Website or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting NZA, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of the Website, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name or organization in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. NZA is under no obligation to post or use any Submission you may provide and NZA may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranties and representations set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Website, (b) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to the general public (for such Images available anywhere on the Website, permission to use your Images as permitted by these Terms of Use, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images. The licenses granted in the preceding sentences for the Images will terminate at the time you completely remove such Images from the Website, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Exclusion
NZA reserves the right to remove any information from the Website which, in its sole discretion, it determines to be erroneous, inaccurate, misleading (intentionally or inadvertently), inconsistent with the purpose of the Website, offensive, unlawful, or in breach of these Terms of Use.
Limitation of Liability
UNDER NO CIRCUMSTANCE WILL NZA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless NZA, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers' fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, third party sites, any use of the Website's content, services, and products other than as expressly authorized in those Terms of Use.
Prohibited Use
The user shall not damage, disable, or threaten the Website, or use the Website in any way that could damage, disable, or threaten the Website. The user is responsible for all of their actions related to the Website and assumes all liability associated with, and/or damages arising from, its use of the Website.
Privacy
NZA and its various partners may record Website traffic, including user addresses, for statistical and program performance assessment and promotion, and may send electronic communications to users accordingly in accordance with the Privacy Policy. NZA and its various partners will not publish, sell, rent or distribute commercially personal information concerning users of the Website, including electronic addresses of users and will keep confidential personal information in accordance with these Terms of Use and the Privacy Policy.
External Links
At times, links to external websites may be provided on the Website to provide further recreation and physical information to the user. These external links are not created, or managed by NZA. External links include, but are not limited to research papers, organization websites, or other databases. NZA does not make any representation or warranty as to the accuracy, reliability, legality, suitability, security, or integrity of the external websites. The user assumes any and all liability associated with accessing external websites contained on the Website. You are subject to any terms and conditions of such third party sites. Furthermore, in providing links to external websites, NZA is not acting as publisher or disseminator of any of the material contained on the external websites.
Termination
NZA reserves the right to remove and/or disable access to the Website, with or without notice, for any user that violates these Terms of Use or does anything that NZA determines, in its sole discretion, to be threatening, misleading (intentionally or inadvertently), inconsistent with the purpose of the Website, offensive, or unlawful.
Governing Law
These Terms of Use shall be governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Nova Scotia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms of Use will be instituted in the courts of the province of the Province of Nova Scotia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
General Provisions
If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by NZA, of any breach of or default by user under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
NZA reserves the right to revise and update from time to time in its sole discretion, these Terms of Use. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review NZA’s terms and conditions published on www.oera.ca in order to be aware of any such modifications and your continued use shall be your acceptance of these.