Enercare reserves the right to change these Terms and Conditions from time to time. Please review the Terms and Conditions regularly for any changes that may have been made. Your continued use of the Website following the posting of any changes to the Terms and Conditions constitutes your acceptance of these changes.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), whether publicly posted or privately transmitted to the Website by you, are your sole responsibility. You agree not to use the Website to:
You acknowledge that Enercare may not pre-screen Content provided by users of the Website, but that Enercare and its agents and designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
The information contained in this Website has been prepared solely for the purpose of providing general information about Enercare and its products and services.
The information contained in this Website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
This Website contains forward-looking information within the meaning of applicable Canadian securities laws ("forward-looking statements"). Statements other than statements of historical fact contained on this Website may be forward-looking statements, including, without limitation, management's expectations, intentions and beliefs concerning anticipated future events, results, circumstances, economic performance or expectations with respect to Enercare, including Enercare's business operations, business strategy and financial condition. Forward-looking statements may include words such as "estimates", "will" and "expects", although not all forward-looking statements contain these words. These forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations, including the matters discussed in Enercare's most recently filed Management's Discussion and Analysis and in its current Annual Information Form, both of which are available on the Website and at www.sedar.com. These forward-looking statements are subject to change as a result of new information, future events or other circumstances in which case they will only be updated by Enercare where required by law. All forward-looking statements on this Website are made as of the date they were first posted and are qualified by these cautionary statements.
Certain information posted to this Website may be superseded by subsequent disclosures made by us which may or may not be available on the Website. We do not assume any duty of disclosure beyond that which is required by applicable securities laws. For our official disclosure documents, please see Enercare's filings made with Canadian securities regulators at www.sedar.com.
Unless otherwise specified, this Website is directed solely at those who access this Website from Canada. Enercare makes no representation that any product or service referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the Website shall be filed only in the provincial or federal courts located in Ontario, Canada and you hereby submit to the nonexclusive jurisdiction of such courts.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EACH OF ENERCARE, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ENERCARE, ITS AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF ENERCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL ENERCARE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS WEBSITE. IN ADDITION, YOU AGREE TO EXEMPT FROM PENALTIES AND HOLD ENERCARE, AND ITS AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Enercare does not represent that the information contained in this Website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the Website or for any reliance placed by any person on the information.
Certain (hypertext) links in this Website will lead you to websites which are not under the control of Enercare. These links are being provided to you as a convenience, and Enercare assumes no liability for any material found through such links. Enercare has no control over and will accept no responsibility or liability in respect of the material or privacy practices on any sites accessed through such links.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The copyright in the material and content contained in this Website belongs to Enercare or its affiliates of their respective licensors.