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Blue Energy Technologies

Terms and Conditions

Last updated: September 8th 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Account Registration

Users must provide accurate and truthful information and update registration information promptly. They are responsible for maintaining login confidentiality and all activities that occur under their account. Users are liable for statements or materials posted under their account. Account transfer is prohibited. The Company is not responsible for third-party access resulting from theft or misappropriation of login credentials.

Intellectual Property Rights

Nothing in these Terms grants you a license or right, under copyright or other intellectual property rights, beyond what is expressly provided. The Offerings are protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. All ETHOS trademarks, service marks, product names, and trade names appearing in or with the Offerings are owned by the Company. Use or display of any such trademark, service mark, product name, trade name, or logo requires prior written consent from Blue Energy Technologies.

Proprietary Rights and Licenses

Blue Energy Technologies owns all intellectual property rights, including those in the Services, Documentation, Statistical Usage Data, and confidential information. Any updates, modifications, enhancements, and customizations related to the Services, as well as feedback, recommendations, and suggestions, belong to Blue Energy Technologies. No license or rights to the Services or other Blue Energy Technologies intellectual property are granted to the customer.

Customer Data and Confidential Information are the exclusive property of the customer. Blue Energy has the right to access, host, display, process, analyze, transmit, reproduce, and use Customer Data for the purpose of providing the Services.

Blue Energy Technologies may collect and process Statistical Usage Data for internal analysis, analytics, marketing, and business purposes, including sharing with sub-processors. Statistical Usage Data will only be disclosed if aggregated or anonymized and does not reveal the identity of Customer or its Authorized Users or any Customer Confidential Information, without written consent.

Relationship

These Terms establish that you are an independent third party to the Company. No partnership, joint venture, agency, franchise, sales relationship, or employment relationship is created or represented between you and the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Warranties, Indemnification, and Liability

This Agreement acknowledges that the ETHOS Application may be subject to limitations, delays, and other problems inherent in the use of communications facilities. The Company does not guarantee that the ETHOS Application will be error-free or uninterrupted, and is not liable for any delays, delivery failures, or damage resulting from such problems.The ETHOS Application is provided as-is. The Company does not make any representations or warranties, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose.

The Customer must indemnify the Company for any claims, damages, or losses suffered as a result of this Agreement. The Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of revenue or profits, data, or data use. The Company's maximum liability for damages under this Agreement shall not exceed the amount of fees paid by the Customer.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Dispute Resolution and Governing Law

If a dispute arises pursuant to this Agreement, the parties shall make reasonable efforts to negotiate a resolution of such dispute, and failing such resolution, within twenty (20) days of the commencement of negotiations, the parties will submit the dispute to arbitration. Either party shall be entitled to serve on the other a notice to arbitrate which shall set out the issue to be arbitrated as well as the estimated monetary value of the issue to be arbitrated. The parties agree that the arbitration shall be heard by a single arbitrator mutually agreeable to the parties. If the parties cannot agree on a single arbitrator, then each shall propose a list of three (3) arbitrators concurrently with one another, and, to the extent there is any commonality between the lists, the party receiving the notice to arbitrate shall be at liberty to choose one of the mutually listed arbitrators. If there are no mutually listed arbitrators, then each party will name a person and each of these people shall select a third who shall act as arbitrator in respect of the dispute. If for any reason an agreement is not reached on the appointment of an arbitrator, then either party may apply to a court of competent jurisdiction for an appointment of the arbitrator. The parties agree that the arbitration shall be heard within six (6) months of either party serving the notice to arbitrate. The arbitration shall be governed by the Arbitration Act, 2023 (Alberta) and shall take place in Edmonton, Alberta. The Parties may mutually agree to have the matter go directly to court and forego arbitration.

This Agreement shall be governed by the provincial laws of Alberta and the federal laws Canada

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions of this Agreement continue in full force and effect in so far as it remains a workable instrument to accomplish the intents and purposes of the Parties. The Parties further agree to negotiate the severed provision to bring the same within the applicable legal requirements to the extent possible.Termination

These Terms may be terminated by you or the Company with notice to the other. Termination means losing access to the Offerings. The following will survive termination: your Account, License of Your Content to the Company, Feedback and Suggestions, Use Limitation, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and the General sections of these Terms, as well as any other terms that would naturally survive by their nature. Any amounts owed prior to termination remain owed.

Waiver

The failure of either Party to enforce at any time any of the provisions of this Agreement will not be construed to be a continuing waiver of any provisions in the agreement, nor will any such failure prejudice the right of the Party to take any action in the future to enforce any provisions in this Agreement.Privacy

Your use of the Service is subject to these Terms and the Company Privacy Policy

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: