Offsetters and Wildlife Works Carbon LLC Negotiating Amended Sales Agreement TermsFebruary 20, 2015, Vancouver, British Columbia: Offsetters Climate Solutions Inc. (&ldq...
Welcome to Offsetters.ca website. Please read these Terms and Conditions before using or submitting content in any form or medium through Offsetters.ca.
Offsetters Clean Technology Inc. (“Offsetters”, “we” or “us” as the context requires) allows you use of this website (the “Site”) on the following Terms and Conditions. By accessing this Site or viewing, downloading, copying or using any of the content on the Site (the “Site Content”), you warrant and represent to Offsetters that you are aware of these Terms and Conditions and are agreeing to be bound by them.
1. No warranty
Third party links on the Site allow you to leave the Site and connect directly to linked sites. Such linked sites are independent of the Site, and the presence of linked sites on the Site are not in any way a reflection on, affiliation with, approval by, or endorsement by Offsetters. We provide these links only as a convenience and make no warranty regarding the linked site, the content on any linked site, any link contained in a linked site, or the company or entity owning or operating any linked site.
2. Limitation of Liability
You acknowledge that Internet usage is inherently risky and is subject to computer, system and network failure, and exposure to potentially harmful content that may cause damage to your computer hardware and software systems. While Offsetters will take reasonable measures to maintain the security of the Site and Site Content, you agree that you use this Site completely at your own risk and that in no event shall Offsetters be liable to you, or any person claiming under or through you, for any loss or damage, however caused, including where caused by the negligence, gross negligence or willful misconduct of Offsetters or it agents. Further, you agree that under no circumstances will Offsetters be liable for any indirect, incidental or consequential damages resulting from your use of this Site, even if caused by the negligence, gross negligence or wilful misconduct of Offsetters or its agents.
3. Intellectual Property
Any and all content, information and data of any kind displayed on, contained in, or accessible through this Site is subject to copyright and other intellectual property rights of Offsetters or its licensors. Any unauthorized downloading, re-transmission or modification of Site Content is a violation of the intellectual property rights of Offsetters and its licensors.
4. Use of the Site
You are permitted to use this Site and Site Conent only for your own personal, educational or other non-commercial use. Written consent of Offsetters is required for any other use of the Site or Site Consent. You agree not to use the Site or Site Content in any manner that would breach any contract, duty, obligation or law, or infringe anyone’s intellectual property rights.
You agree to indemnify and save harmless Offsetters, its directors, officers, employees and representatives from and against all claims, liabilities, costs and expenses, including legal cost on a solicitor and his own client basis, arising from: (a) any violation by you of these Terms and Conditions; (b) your use of the Site and the Site Content; (c) any claim made by a third party arising from any use made by you of emissions calculations provided by Offsetters or other resources on the Site.
6. Emissions Calculation Accuracy
Offsetters calculates GHG emissions information by relying upon and using emissions factors created or provided by government and other historically creditable sources. Because of the nature of the industry, GHG emission factors and calculation methodology may change from time to time, with the result that calculations may yield different results at different points in time. While Offsetters is dedicated to providing current and accurate calculations of GHG emissions, and does so in accordance with best industry practices at the time of calculation, Offsetters does not guarantee or warrant the consistency or accuracy of its emissions calculations.
7. Offset Projects
Offsetters accepts its customers’ instructions with respect to use of funds to support particular offset project portfolios on the basis that Offsettters will use its best efforts to apply funds to those projects within the offset portfolio. Offsetters may, in its sole discretion, determine that it is not feasible to apply funds as instructed, in which event funds will be applied to other emissions reduction projects selected by Offsetters, acting reasonably, that would still be considered a part of the selected offset portfolio.
8. No Waiver
No failure by Offsetters to enforce the Terms and Conditions shall be deemed a waiver by Offsetters of its rights under theseTerms and Conditions. The Terms and Conditions may only be waived by Offsetters in writing. No waiver by Offsetters of a default under the Terms and Conditions shall operate or be construed as a waiver by Offsetters of any future defaults, whether of a like or different character, or of your obligations or liabilities under the Terms and Conditions.
9. Changes to Terms and Conditions
Offsetters may, from time to time and in its sole discretion, make changes to these Terms and Conditions without notice. Your continued use of the Site shall constitute your acceptance of any amendments or additions to the Terms and Conditions.
10. Governing Law
The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable in that Province. You agree that any disputes relating to your use of the Site and the Terms and Conditions will be adjudicated in and by the courts of the Province of British Columbia. Nothing in this section shall prevent Offsetters from commencing an action in any court of competent jurisdiction for damages and/or equitable relief against you for breach of the Terms and Conditions.
Should any part of the Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, then such part shall be severed from the Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions.
12. Terms and Conditions Binding
The Terms and Conditions shall be binding upon and benefit the respective heirs, executors, administrators, successors and permitted assigns of you and Offsetters, including Offsetters’ subsidiaries and affiliates.