NBREDA WEBSITE TERMS OF USE

New Brunswick Responsible Energy Development Alliance (“NBREDA“), welcomes you to this website (the “NBREDA Website“).

The following sets out the terms and conditions under which you may access and use the NBREDA Website, and the information and materials contained therein. By accessing the NBREDA Website, you are agreeing to be bound by these Terms of Use. If you do not agree with these Terms of Use you may not access or use the NBREDA Website or any information or materials contained therein.

These Terms of Use may be changed from time to time, without notice. It is your responsibility to check for such changes. If you do not agree with any amendment you must stop using and accessing the NBREDA Website. Your continued access or use of the NBREDA Website after any such changes are posted will constitute your acceptance of these changes.

CODE OF CONDUCT

You may not interfere with the security of, or otherwise abuse, the NBREDA Website or any system resources, services or networks connected to, or accessible through, the NBREDA Website. While using the NBREDA Website, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the NBREDA Website. For example, we reserve the right (but have not obligation) to remove or otherwise delete any Content that may be posted on the NBREDA Website.

LIMITED LICENSE

Subject to these Terms of Use, you are granted a limited license only to display and print the materials and information contained in the NBREDA Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted. You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained in the NBREDA Website in any manner or form whatsoever. Unless you have entered into a separate agreement with NBREDA, any other use of such materials or information without NBREDA’s written permission is prohibited.

PROPRIETARY RIGHTS

The materials and information contained in the NBREDA Website are protected under the laws of Canada and of other countries. Certain words, phrases, names, titles, icons, graphics, designs or logos used on the NBREDA Website may constitute trade-marks, service marks or trade-names of NBREDA or other entities. The display of trade-marks, service marks or trade-names on the pages of the NBREDA Website does not imply that a license of any kind has been granted to anyone else. Except as specifically set out herein, you may not use any such trade-marks, service marks or trade-names in any manner whatsoever.

CONTENT THAT YOU SHARE WITH US

The NBREDA Website may contain features that allow you to share information, comments, reviews and other texts, photos, pictures and other information (together referred to as “Content“) with us and other users of the NBREDA Website. Please note that by sharing Content through the NBREDA Website, your Content may become publicly accessible. In consideration for using the NBREDA Website, you grant to NBREDA a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, right and license: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for NBREDA’s business purposes, and (b) to sublicense the foregoing rights, through multiple levels, to the maximum extent permitted by applicable law. The foregoing licenses shall survive any termination of your use of the NBREDA Website. For all of the Content you share through the NBREDA Website, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the NBREDA Website, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. To the extent permissible by law, you irrevocably waive any moral rights (or other rights with respect to attribution of authorship or integrity of materials) regarding each item of user content that you submit. If you send us any ideas or suggestions, regardless of the topic, we will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever, subject to NBREDA’s Privacy Policy.

LINKS TO THIRD PARTY WEBSITES

NBREDA does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the NBREDA Website. NBREDA provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by NBREDA of the linked website or information contained therein.

CURRENCY OF WEBSITE

NBREDA updates the information and materials on the NBREDA Website periodically. However, NBREDA cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on the NBREDA Website. NBREDA may revise, supplement or delete information, materials, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

COMMUNICATIONS THROUGH THE NBREDA WEBSITE / E-MAIL

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. NBREDA is not liable for any damages related to communications to, or from, the NBREDA Website. You agree with respect to any information provided by you to us through the NBREDA Website or via e-mail that:

  • NBREDA has no obligation concerning such information;
  • the information is non-confidential;
  • NBREDA may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose, subject to NBREDA’s Privacy Policy; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

NBREDA shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the information or materials from this website. NBREDA recommends that you install appropriate anti-virus or other protective software.

DISCLAIMER AND LIMITATION OF LIABILITY

THE NBREDA WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND IS USED BY YOU AT YOUR SOLE RISK. NBREDA MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, NBREDA DOES NOT REPRESENT OR WARRANT THAT THE NBREDA WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE NBREDA WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NBREDA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE NBREDA WEBSITE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE NBREDA WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NBREDA OR ANY OF ITS MEMBERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE NBREDA WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF NBREDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, NBREDA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR NBREDA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY NBREDA, NBREDA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold NBREDA harmless against all claims or liability asserted against NBREDA arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
GENERAL

NBREDA is headquartered in New Brunswick Canada and NBREDA Website is controlled, operated and administered by NBREDA from New Brunswick Canada. The NBREDA Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of New Brunswick, Canada, by accessing the NBREDA Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the NBREDA Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of New Brunswick and those of Canada applicable therein (without reference to conflicts of laws principles). You agree that any legal action or proceeding between you and NBREDA which in any way concerns these Terms of Use or the use of the NBREDA Website or any materials or information contained therein shall be brought exclusively in the courts of New Brunswick, Canada. Any such dispute will be brought on an individual basis, and will not be consolidated in any other proceeding with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against NBREDA relating to any such dispute and you also agree to opt out of any class proceedings against NBREDA. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.

NBREDA makes no representation that access to the NBREDA Website or that the information contained therein is appropriate or legal in all jurisdictions. You may not access the NBREDA Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

NBREDA’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

All references herein to NBREDA shall be deemed to include any subsidiary, affiliate, associate or successor of NBREDA.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention, ainsi que tous les documents qui s’y rattachent, soient en anglais.

LAST UPDATED: September 15, 2015