Last Modified: August 11, 2009
These Terms of Use (the "Terms") set forth the terms and conditions that apply to your use of the website at www.sustainea.com and the services and materials offered on that website and related sites (collectively, the "Site") offered to you by Sustainea Inc. ("Sustainea").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THESE TERMS JUST AS IF YOU HAD SIGNED AN AGREEMENT. If you do not agree to be bound by these Terms, please discontinue your use of the Site.
1. Restrictions on Use
The Site is a computer online service. It is accessible to you through an internet-enabled personal computer or other internet access device. As part of the Site, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that Sustainea may decide to offer, subject to the terms hereof. Sustainea may, in its sole discretion, discontinue or alter any aspect of the Site, including, but not limited to,
i. restricting the time of availability,
ii. restricting the availability and/or scope of the Site for certain platforms (i.e., computer types and operating systems),
iii. restricting the amount of use permitted, and
iv. restricting or terminating any User's right to use all or part of the Site, at any time in Sustainea's sole discretion and without prior notice or liability.
You are responsible for all charges associated with connecting to the Site. You are also responsible for obtaining or providing all computers and other electronic equipment (including modem) or other access device, necessary to access the Site.
The Site is owned and operated by Sustainea and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by Sustainea and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to code and software ("Material"). You may, however, download Material from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Site in general. In the event that you download Material from the Site, such Material is licensed to you by Sustainea and Sustainea does not transfer title to any such Material to you.
2. Membership Rules and Guidelines
a. Registration
When you register to use this Site, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Sustainea suspects that your information is untrue or inaccurate, not current, or incomplete, Sustainea may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Site. Any personal information supplied hereunder will be subject to the terms of our privacy policy. Children under the age of 13 may not register with Sustainea.
b. Passwords
You are solely responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Sustainea of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Site at the end of each session to prevent fraud on your account by third parties.
c. General
Sustainea may choose to send you e-mail newsletters on a variety of topics - for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by Sustainea, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, Sustainea may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.
d. Rules for Use of the Site
1. Conduct Required for Use of the Site
It is a condition of your use of the Site that you do not:
i. restrict or inhibit any other user from using and enjoying the Site;
ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including any images or other material depicting Nudity (as defined below) and as determined by Sustainea in its sole discretion;
iii. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments as determined by Sustainea in its sole discretion, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
iv. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including, but not limited to WAREZ (copyrighted material distributed without permission);
v. post or transmit any information, software or other material that contains a virus or other harmful component;
vi. post or transmit content that encourages or provides instructional activities about illegal activities, including hacking, cracking or phreaking;
vii. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
x. resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
xi. use the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy;
xii. disguise a file type to thwart Sustainea's detection processes;
xiii. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
xvii. attempt to gain unauthorized access to other computer systems or networks connected to the Site.
For the purposes of these Terms, "Nudity" includes images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia and shall be determined in Sustainea's sole discretion. You agree that you will not use the Site, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Sustainea, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
e. Monitoring
Sustainea has no obligation to monitor the use of the Site by members. You acknowledge and agree that Sustainea reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring. Furthermore, Sustainea reserves the right at all times to disclose any information posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Sustainea's sole and absolute discretion are objectionable or in violation of these Terms.
f. Personal Safety.
When using the Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or email address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
3. User Content
The term "Content" includes any materials or information submitted by you, including your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to Sustainea through the website or otherwise.
ORIGINALITY; RIGHTS: Any Content that you post or upload on this site must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your Content must not infringe or violate any rights of any third party or entity, including copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting Content, you must have all the rights, licenses, permissions and consents necessary to submit the Content and to grant all of the rights that you have granted to Sustainea under these Terms. Before you post content, you must have the express consent of everyone who appears in the Content to submit the Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting Content to Sustainea you hereby acknowledge and agree that you are granting Sustainea, its licensees, successors and assigns, the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Content (in whole or in part and as altered by Sustainea in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including on Sustainea's website, on other websites, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including advertising, promotion and publicity for, Sustainea and other websites, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree that Sustainea its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Sustainea under these Terms and to display any advertising, publicity, promotional materials and distribution rights in connection with your Content. You acknowledge and agree that Sustainea, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Content. Nothing in these Terms obligate or may be deemed to obligate Sustainea or any other person or entity to exercise any of the rights granted by you under these Terms. Sustainea and its successors, licensees and assigns, will have the unlimited right to assign these Terms and the rights granted by you under these Terms at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your Content or any part thereof is actually used by Sustainea. You acknowledge that your consideration for the rights you grant in your Content is the possibility that Sustainea, its licensees, successors and/or assigns will review or use your Content. You will not receive any further compensation of any kind for your Content or the use thereof, and you agree that Sustainea, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your Content. Your Content will not be acknowledged or returned. You acknowledge and agree that your Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Sustainea and/or any other person or entity, on the one hand, and you, on the other hand, by your Content of the Content.
In addition to all of the legal and equitable rights and remedies available to Sustainea in connection with these terms or your Content, you acknowledge and agree that Sustainea shall have the right, in its sole discretion, not to post the Content on any website, to remove the Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Content in any manner whatsoever. Furthermore, Sustainea shall have the right to suspend or terminate your access to any Sustainea or related website and refuse to grant you access to use any Sustainea or related website in the future with or without warning if Sustainea, in its sole discretion, believes you have: (i) violated or tried to violate the rights of Sustainea; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of these Terms; or (iii) acted inconsistently with any of the terms or conditions of these Terms. Sustainea has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Content.
You recognize that other persons, including Sustainea’s own employees, may have submitted to Sustainea or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Content. You acknowledge and agree that Sustainea, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of Sustainea's or, its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in these Terms, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
USE OF NAME AND LIKENESS: By sending Sustainea your Content, you consent to the recording, use and reuse by Sustainea, their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including any information contained in your Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by Sustainea, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, in and in connection with Sustainea and the Site, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that Sustainea, its licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in these Terms, you shall continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by Sustainea or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the Content will continue to be governed by and may be limited by other applicable laws.
4. Content on the Site.
Communications and Content posted through the Site are provided by users such as you who are unaffiliated with Sustainea, and the user providing each such Communication or Content is solely responsible for the content thereof. This means that you, and not Sustainea, are entirely responsible for all Content and Communications that you upload, post, email or otherwise transmit via the Site. In using the Site or receiving e-mail messages from members through the Site, you should not assume that such messages have been reviewed by Sustainea, that such Communications contain correct information, or that the persons posting such Content and Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Site, you may be exposed to Content and Communications that are offensive, indecent, or objectionable. Under no circumstances will Sustainea be liable in any way for any Communication, including but not limited to, liability for any errors or omissions in any Content or Communication, or for any loss or damage of any kind incurred as a result of the use of any Content or Communication posted, e-mailed, or otherwise transmitted via the Site.
5. Rules for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of Sustainea, and Sustainea does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct, Sustainea should not be seen as endorsing any Post in any way. Neither Sustainea nor its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any Posting that is in violation of these Terms.
You acknowledge that anything you submit to an Sustainea Site by way of any Posting is routed through Sustainea's servers and the internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Site are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. Sustainea cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk (users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards). As set forth in these Terms, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby agree not to post any materials that:
a. interfere with anyone else's use of the Site;
b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way;
c. encourage anyone to break the law;
d. violate anyone's copyright, trademark or other property right;
e. interfere with the privacy of any other user;
f. contain a virus or any other harmful component; or
g. contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the Site or any sub site within the Site.
The message boards provided on the Site are for the purpose of exchanging views and information about sustainable energy and related topics. Sustainea reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Sustainea may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions, and the like on the Site, Sustainea is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Sustainea may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Sustainea's policies in any way. Further, Sustainea reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. Sustainea will fully cooperate with any law enforcement authorities or court order requesting or directing Sustainea to disclose the identity of anyone posting such materials.
If you believe that any content on the Site (including Postings) violates any of the terms of these Terms, please send a message to info@sustainea.com about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
6. Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Sustainea will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
7. Disclaimers
Sustainea is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site. Profiles created and posted by Members on the Site may contain links to other websites. Sustainea is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Sustainea. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Sustainea. When you access these third-party sites, you do so at your own risk. Sustainea takes no responsibility for third party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Sustainea is not responsible for the conduct, whether online or offline, of any User of the Site. Sustainea assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Sustainea is not responsible for any problems or technical malfunction of any telephone or other communications network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any part of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Sustainea be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Sustainea event, from any Content posted on or through the Site, or from the conduct of any Users of the Site, whether online or offline. The Site is provided "AS-IS" and as available and Sustainea expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sustainea cannot guarantee and does not promise any specific results from use of the Site.
8. Limitation on Liability.
IN NO EVENT SHALL SUSTAINEA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES (HOWSOEVER CHARACTERIZED) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SUSTAINEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, SUSTAINEA 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUSTAINEA FOR ACCESS TO THE SITE DURING THE TERM OF MEMBERSHIP.
9. Indemnification
You agree to defend, indemnify and hold harmless Sustainea, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any breach of any of the representation, warranties or other terms or conditions of the Content Requirements or any use of your Content or Personal Elements (d) any non-compliance by you with the terms and conditions of these Terms; and (e) claims brought by persons or entities other than the parties to these Terms arising from or related to your access and use of the Site or your Content to the Site, including the information obtained through the Site.
10. Termination
Sustainea may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including but not limited to: (i) concurrent access of the Site with identical user names, (ii) permitting another person or entity to use your user name to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to Sustainea of your intent to terminate these Terms. Termination, suspension, or cancellation of these Terms or your access rights shall not affect any right or relief to which Sustainea may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Sustainea and its licensors.
11. Trademarks
“Sustainea” and the Sustainea logo are trademarks of Sustainea Inc., and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Sustainea or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
12. Minors
If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor. Children under the age of 13 may not register for the Site.
13. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Sustainea hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
14. Infringement Policy
Sustainea reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Sustainea accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Sustainea has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Sustainea in a written complaint that complies with the requirements below and is delivered by to the following address:
By email: info@sustainea.com
By mail:
Sustainea Inc. - Copyright Complaints Department
Suite 191
#63, 4307-130 Ave SE
Calgary, AB T2Z 3V8
Canada
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
15. Modification
Sustainea reserves the right, in its sole discretion, to amend these Terms and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via email or any other reasonable means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
16. Miscellaneous
These Terms shall be governed by and construed in accordance with the laws in force in the Province of Alberta, Canada, without giving effect to any principles of conflicts of law. Although you acknowledge that Sustainea will have the ability to enforce its rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada, regarding any and all disputes relating to these Terms and/or your use of the Site. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms are material terms of these Terms and that they have been taken into account in the decision by Sustainea to provide the Site. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Sustainea. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Terms and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or access to the Site. The titles and subtitles used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. When the term “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”.
17. MEDIATION/ARBITRATION:
PLEASE READ CAREFULLY. UNDER THIS SECTION 17, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR YOUR SUBMISSION.
IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOUR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE CALGARY, ALBERTA, BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN CALGARY, ALBERTA BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE ARBITRATION ACT (ALBERTA).
WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST SUSTAINEA, ITS OFFICERS OR DIRECTORS, ITS AFFILIATES, ITS LICENSEES, SUCCESSORS OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT SUSTAINEA MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE TERMS, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THESE TERMS WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THESE TERMS WITH RESPECT TO ANY CLAIM AGAINST YOU.
18. Member Disputes
You are solely responsible for any interaction with other members or visitors to the Site. Sustainea reserves the right but shall have no obligation to monitor disputes between you and any other member of the Site.
19. Notice for California Users
Under California Civil Code Section 1789.3, California users of Sustainea are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
