Elexicon Energy Inc. (hereinafter referred to as “us”, “we”, “our” and/or “Elexicon”) is pleased to provide this mobile application or website (the “Site”). This website is provided as a service to our clients and visitors, and we thank you for visiting.
By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Elexicon and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must access, or use the Site.
Please read these Terms carefully before using this Site. If you do not accept and agree to be legally bound with the Terms below, please do not use this Site.
By using this Site in any manner whatsoever, you agree that:
1. The materials in this Site are provided “as-is”, and while Elexicon makes reasonable efforts to ensure the quality, accuracy and timeliness of the content and the operation of this Site, Elexicon makes no representations or warranties of any kind regarding this Site and/or the content. To the fullest extent permissible pursuant to applicable law, Elexicon disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Elexicon does not warrant that any of the functions or the materials on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available is free of viruses or other harmful components. Elexicon does not warrant or make any representations whatsoever of any kind regarding the use or the results of the use of the content and/or materials in this Site in terms of their correctness, completeness, accuracy, reliability, effectiveness, timeliness, or otherwise. You, and not Elexicon, assume all of the risks associated with using this Site.
2. IN NO EVENT SHALL ELEXICON AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY OTHER PARTY IN RELATION TO OR AS A CONSEQUENCE OF USE OF THIS SITE UNDER ANY CIRCUMSTANCES WHATSOEVER, FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION LOSSES, LOSS OF CONTRACT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, DELAY, LOSS OF GOODWILL, LOSS OF DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND INCLUDING BUT NOT LIMITED TO PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SAID LIABILITY, LOSS, OR DAMAGES ARISE IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF ELEXICON WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. This disclaimer and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any aspect of this Site, under any legal theory or cause of action.
4. As a condition of your use of the Site, you agree to indemnify, defend and hold harmless Elexicon and its affiliates and each of Elexicon’s and its affiliates’ respective officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of any aspect of this Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
5. This Site contains links to other third party services and resources for informational purposes only. The third party services were developed by parties other than Elexicon. Elexicon has not reviewed any or all of the sites that may be linked to this Website and is not responsible the content of the linked site or for such third party services and resources, nor does Elexicon approve or endorse the content of the linked site or such third parties or their services or resources. Any third party services are provided solely as a convenience to you, and Elexicon is not disseminating or endorsing the materials contained therein. Your use of third party services is at your own risk and liability.
7. Parts of this Site may require you to enter a password and account designation upon completion of a registration process. Elexicon uses physical, electronic and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information on the internet is not completely secure. Although Elexicon does its best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your password and account. You agree to notify Elexicon immediately of any unauthorized use of your password or account or any other breach of security. You must also notify Elexicon and inform us of any relevant changes to your account in order for us to maintain accurate, complete and up-to-date account information. Elexicon will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.
8. We reserve the right at any time, and from time to time, to disable or terminate your account, any username, password or other login identifier, in our sole discretion for any or no reason, including any violations of these Terms.
9. No material from any Site owned, operated, licensed or controlled by Elexicon may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Elexicon’s copyright and other proprietary rights.
11. Absent the use of end to end encryption, the internet is not a secure medium, and privacy cannot be ensured. Internet email is vulnerable to interception and fraud. In using this Site, you agree to assume the risks associated with the transmission or loss of any data or information to or from Elexicon on this Site, including the interception of such confidential data or information by third parties.
12. This Site and all disputes or other matters arising out of it or use thereof shall be governed by the laws of the province of Ontario and dealt with by a court of competent jurisdiction in the City of Toronto. You hereby consent to the jurisdiction of the courts of the Province of Ontario in any action or dispute relating to your use in this site, and you specifically agree that if Elexicon should prevail in any legal proceedings, you shall pay all of Elexicon’s costs, including reasonable fees for in-house and external counsel.
13. Elexicon reserves the right to unilaterally change these Terms at any time without further notice to you. If we do this, we will post the changes to these Terms on the Site by indicating at the top of this page the date that these Terms were last revised. It is your sole responsibility to regularly check this page for changes. Your continued use of this Site following the posting of any changes to these Terms shall constitute your acceptance of, and agreement to be legally bound by, these Terms as revised.
14. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from this document and shall not affect the validity and enforceability of the remaining provisions