PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site, you are agreeing to these Terms. This forms a legally binding agreement between you, and Moltex Energy Canada Inc., a corporation continued under the laws of the Province of New Brunswick, Canada (Corporation Reference No. 703995), having its registered office located at 71 Prince William Street, Suite 102, Saint John, New Brunswick, Canada, E2L 2B2, on behalf of itself and its subsidiaries, affiliates, related corporations or entities (“Moltex”), and is for the benefit of and may be enforced by Moltex. If at any time you do not agree with the Terms, do not use this Site. Moltex suggests that you save or print a copy of these Terms for your records before using this Site.
Compliance with Laws
In addition to complying with these Terms, you agree to use this Site and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Site in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Site illegal, are not authorized to use this Site.
If applicable, prices and product availability are subject to change without notice.
Trade Marks, Copyrights and Restrictions
This Site is controlled and operated by Moltex. All material on this Site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights and trade-marks which are owned and controlled by Moltex or by other parties that have licensed their material to Moltex. Moltex may make changes to the materials contained on this Site at any time without notice.
You do not acquire ownership rights to any content distributed through this Site. The viewing or downloading of any content from this shall be solely for your own personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. Material from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights and the use of any such material on any other Site or networked computer environment is prohibited.
User Names and Passwords
Some features of the Site may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Moltex representative.
All login names and passwords remain the property of Moltex, and may be cancelled or suspended at any time by Moltex without any notice or liability to you or any other person. Moltex is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Moltex of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
a. No Legal Relationship – Your use of this Site is not intended and shall not be deemed to create any legal relationship of any kind between you and Moltex, or to amend or vary any existing legal relationship.
b. No Site Warranties – This Site, any linked Site and the Content and any functionality contained on this Site are provided on an « as is, as available » basis and without representations, warranties or conditions of any kind, either express or implied by Moltex. Moltex does not warrant that the functionality on this Site will be uninterrupted or error-free, that defects on this Site will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. Moltex is not liable to you for damage to your computer or computer system which results from your accessing, browsing or using this Site. Moltex does not represent or warrant that the information on this Site is accurate, complete or current. All of the risk associated with your use of this Site, including but not limited to, the risks associated with the quality and performance of this Site and with the accuracy, comprehensiveness and timeliness of the Content is assumed solely by you.
c. No Product Warranties – Moltex does not make any representations, warranties or conditions of any kind, express or implied, as to any product or service, including but not limited to, the merchantability, merchantable quality or fitness for a particular purpose of any, product or service. Moltex expressly disclaims any other implied warranties imposed by law.
d. General – To the maximum extent permissible by law, Moltex disclaims all representations, warranties and conditions express or implied, including but not limited to, representations, warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement of proprietary rights and those arising from a course of dealing, trade or performance.
Limitation of Liability
IN NO EVENT SHALL MOLTEX BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN MOLTEX SITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM A MOLTEX SITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH A MOLTEX SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MOLTEX ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You agree to indemnify, defend and hold Moltex harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively « Claims ») arising out of:
a. your infringement of any Moltex or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of a Moltex Site;
b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, a Moltex Site; (ii) use of a Moltex Site for any illegal purpose; or (iii) use of a Moltex Site to achieve any unauthorized or prohibited access to computer systems and data;
c. your use of a Moltex Site; and
Modification or Termination of Service
Moltex reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time, for any reason and without prior notice to you and without any liability to you for doing so. Moltex may change, modify, suspend or discontinue all or any part of this Site at any time without prior notice to you and without liability to you for doing so.
Links to Third Party Sites
This Site contains links to third party Sites. Your use of any Site linked to this Site is at your own risk and Moltex is not responsible for the availability, accuracy or reliability of the contents of any linked Site or any link contained in a linked Site. Moltex provides these links to you for your convenience only, and the availability of any link does not imply or constitute Moltex’s endorsement of the linked Site or its contents.
During your use of this Site, you may voluntarily submit personal information to Moltex. Moltex encourages you to take the time to read our Privacy and Cookies Policy before using this Site. By using this Site, you accept the terms and conditions of the Privacy and Cookies Policy which outline how personal information collected through this Site is handled by Moltex. If you do not agree with the Privacy and Cookies Policy, please do not us this Site.
Changes to these Terms
Moltex reserves the right to, at any time, modify these Terms, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon Moltex giving notice thereof, which may be given by any means, including, but not limited to, posting on this Site. You agree to regularly review these Terms posted at this Site and to be aware of such modifications. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the modified Terms. If at any time, these Terms are no longer acceptable to you, you should immediately cease all use of this Site.
Unless otherwise specified, the materials in this Site are presented solely for the purpose of providing information to users of the Site. This Site is controlled and operated by Moltex from its offices within the Province of New Brunswick. Moltex makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of New Brunswick, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Moltex bring to enforce these Terms & Conditions or, in connection with, any matters related to this site shall be brought only in the courts of the Province of New Brunswick, and you expressly consent to the jurisdiction of the courts of the Province of New Brunswick.
If any provision of these Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. All provisions which by their nature are intended to survive any termination of this agreement or these Terms shall survive any such termination. These Terms comprise the entire agreement among you and Moltex and supersede all prior agreements among you and Moltex with respect to your use of this Site.