Terms of Use

This document was last updated February 15, 2008.

Please read the following Terms of Use agreement carefully. Each time you use or access The New Carbon Economy Fund website, you are agreeing to comply with these terms. If you do not agree to the Terms of Use, then do not use this site.

Acceptance of This Agreement

This is an agreement between you and New Carbon Economy Funds Inc. (NCEF) and governs your use of this website. This agreement constitutes the entire and only agreement between NCEF and you, and supersedes all previous agreements relating to your use of the site, content, products, services, tools, and information available through the site, and the subject matter of this agreement. We reserve the right to amend this agreement from time to time without prior notice. The latest agreement will be posted on the site along with the date the document was last updated. Each time you use the site, you agree to be bound by the agreement as it then reads.

Disclaimer, Limitation of Liability and Indemnity

Use of this website is at your own risk. The information included here is not a detailed statement and is not intended to be a substitute for any kind of professional advice. It is provided for educational and informational purposes and should not be interpreted as a recommendation for any specific product, service or course of action. This information is presented “as is” without warranty of any kind. NCEF does not warrant that:

  1. the information on this site is correct, accurate or reliable;
  2. the functions contained on this site will be uninterrupted or error-free; OR
  3. this site or the server that makes it available are free of viruses or other harmful components.

Your sole remedy for dissatisfaction with use of this website is to stop using it. As a condition of your use of this site, you agree that in no event shall NCEF, its affiliates or their respective officers, directors, employees or agents be liable to you or any other person for any damages, including direct, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site.

These limitations of liability will apply regardless of any negligence or gross negligence on the part of anyone associated with NCEF or its affiliates.

You agree to indemnify, defend and hold harmless NCEF and its affiliates from and against any and all liabilities and costs incurred in connection with a claim or demand arising out of, related to, or connected with your use of the site or your violation of the Terms of Use.

Ownership and Use of This Website

All portions of this site and its content (including, but not limited to, images, illustrations, icons, photographs, text, articles, memoranda, bulletins, reports, press releases, opinions, directories, guides, trademarks, trade names, service marks and logos) are owned or licensed by NCEF or its suppliers and affiliates. The site content is protected by Canadian and international copyright and other intellectual property laws. Your use of the site and its content does not transfer to you any ownership or other rights with respect to the site. You may only use the website in the manner described specifically in this agreement.

Except as expressly stated otherwise in this agreement, you may not copy, modify, reproduce, republish, upload, post, transmit, modify, index, catalogue or distribute the site content in any way, in whole or in part, without the express consent of New Carbon Economy Funds Inc.

NCEF authorizes you to print or download a single copy of the site content for your personal, non-commercial use, provided that you do not modify any of the pages or content and you preserve all copyright, trademark and other intellectual property notices.

Other Websites

For your convenience, this site includes links to websites operated by parties other than NCEF. Other sites are independent from NCEF and we have no responsibility for or control over these other sites, their business, goods, services, or content. If you decide to access linked third party websites, you do so at your own risk. The provisions above under “Disclaimer, Limitation of Liability and Indemnity” apply equally to your access to and use of other websites we are linked to, and their business, goods, services, and content.

Linking, Framing, Mirroring, Scraping and Data-Mining

Any links to this site or its content without the express written permission of NCEF are strictly prohibited. We reserve the right to cancel and revoke any permission given to link to the site at any time, for any reason, without advance notice, and without liability to you or any other person.

The framing, mirroring, scraping or data-mining of this website or its content are strictly prohibited.

Governing Law and Jurisdiction

This agreement and all matters related to your use of this website are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute arising from or related to this website must be resolved before the courts of the Province of Ontario, Canada sitting in the City of Toronto.

If any part of these terms and conditions is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Termination

NCEF reserves the right to alter the content of this site or to restrict, suspend or terminate access to the site for any reason we see fit without prior notice or liability to you or any other person.

If you breach any provision of this agreement, you may no longer use the site.

If this agreement is terminated for any reason, then it will continue to apply and be binding upon you in respect of your prior use of the website.