Terms of Use
IMPORTANT LEGAL INFORMATION
The following are the legal terms and conditions (the “Terms of Use”) governing your access to or use of the www.energateinc.com website (the “Website”), which is operated by Energate Inc. (“Energate”, “us” or "we”). These Terms of Use incorporate by reference the Energate Privacy Policy. By using or accessing any portion of this Website, you agree to be bound by these Terms of Use. Energate may modify this Agreement at any time without notice, and such modifications shall be effective immediately upon posting on this Website. Each time you access the Website your use will be governed by the terms and conditions posted hereon. Please make sure you read this Agreement in its entirety, and that you continue to review these terms on your future visits to the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS OF USE CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES.
Disclaimer of Warranties; Limitation of Liability and Indemnification
ENERGATE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE OPERATION, VALIDITY, CORRECTNESS, ACCURACY, CURRENCY, TIMELINESS, COMPLETENESS OR OTHERWISE OF ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE, WHETHER PERTAINING TO ENERGATE'S CORPORATE OR BUSINESS MATTERS, OR OTHRWISE.
NO CONTENT ON THIS WEBSITE IS INTENDED TO OR PURPORTS TO OFFER LEGAL, ACCOUNTING, FINANCIAL, INVESTING, TAX, OR ANY OTHER ADVICE TO ANY USER. THE DOCUMENTS, INFORMATION, AND CONTENT ON THIS WEBSITE ARE PROVIDED AS A CONVENIENCE ONLY, ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENERGATE AND IT’S SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE OR THE CONTENT OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, ENERGATE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM ENERGATE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS.
This Website may contain certain forward-looking statements which are based on Energate’s current expectations, estimates, projections and assumptions and are made by the Company in light of its current experience and its perception of historical trends. All statements that address expectations or projections about the future, including statements about Energate’s strategy for growth, expected expenditures, operating or financial results, are forward-looking statements. These statements are not guarantees of future performance and involve a number of risks, uncertainties and assumptions. Energate’s actual results may differ materially from those expressed or implied by its forward-looking statements as a result of known and unknown risks, uncertainties and other factors.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER ENERGATE NOR IT’S SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, WEBSITE CONTENTS OR ANY PRODUCTS OR SERVICES; (2) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR SUBMISSIONS OR DATA OR DAMAGES ARISING FROM DISCLOSURE BY YOU OF ANY INFORMATION ON THE WEBSITE; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (4) ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS DOWNLOADED THROUGH OR HYPERLINKED FROM OR TO THE WEBSITE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify and hold Energate and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this Website or its Content, including, without limitation, your violation of these Terms of Use or your violation of any rights of another.
Ownership of Material and License
All content on the Website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website (collectively, the “Content”), is the property of Energate or its content suppliers and protected by Canadian laws and international treaties. Any feedback provided to us regarding the Website or its Content may be used by Energate without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral. You hereby agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
The Content on this Website is made available only under the conditions set out herein. You are granted a limited and revocable license to access and use the Website and it’s Content for your own, non-commercial, informational purposes only, and not for reuse, redistribution, or any commercial activity. Within the foregoing limited scope of license, you may also print portions of the Website for your own internal or personal use, provided that you preserve all of Energate’s legal notices and labels intact.
Energate reserves all other rights to its intellectual property contained or embodied in this Website, which includes, without limitation, its copyrights, trademarks, service marks, and corporate logos. For the purposes of clarity, “Energate”, and the Energate logo are trademarks of Energate and may be registered in certain jurisdictions. All third party trademarks and service marks on the Website, if any, are the property of their respective owners.
No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, combined, repackaged, or distributed in any way. Any modification to the Content on the Website or use of the Content for any other purpose is a violation of Energate’s copyrights, other proprietary rights, and of these Terms of Use. The license granted herein does NOT include and expressly prohibits any use of data mining, robots, spiders, or similar data gathering and extraction tools. In addition, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Energate without express prior written consent. Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Energate is strictly prohibited and will terminate the license granted herein.
Other Terms & Conditions
The Website may include hyperlinks to Website of third parties. Such links are provided for your convenience only, and do not signify any affiliation, endorsement, clearance, or other relationship between Energate and the owner of such other Website, or the products, services, or other content provided or advertised on such other Website. Energate disclaims all liability and responsibility for the content of such third party Website.
Energate may assign this Agreement in whole or in part to any party without notice to you. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
Use of this Website, including interpretation and enforcement of disclaimers, terms and conditions set out herein, shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the courts of the Province of Ontario, Canada shall have exclusive jurisdiction over any dispute arising out of your use of this Website.
In the event of termination of your access to or use of the Website or its Content, the provisions respecting your representations, warranties and indemnities; Energate’s Disclaimer of Warranties and Limitations of Liability; Governing Law; and Ownership of Materials will survive unless waived in writing by Energate.
If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms of Use, for whatever reason, will not be construed as a waiver of any right to do so at any time.
