NO WARRANTIES
YOUR USE OF THE CARBON CALCULATOR IS AT YOUR SOLE RISK AND THE CARBON CALCULATOR IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTL HYDRO, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND AGENTS (AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND REPRESENTATIVES) (COLLECTIVELY, THE “NOTL HYDRO PARTIES”) DO NOT GUARANTEE OR WARRANT: (I) THE PERFORMANCE, AVAILABILITY, COVERAGE, UNINTERRUPTED USE, SECURITY OR OPERATION OF THE CARBON CALCULATOR; (II) THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF THE CARBON CALCULATOR, THE CARBON CALCULATOR CONTENT AND/OR THE RESULTS OBTAINED; AND/OR (III) THAT THE CARBON CALCULATOR WILL MEET YOUR REQUIREMENTS. THE NOTL HYDRO PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE CARBON CALCULATOR OR THE CARBON CALCULATOR CONTENT. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE CARBON CALCULATOR IS AT YOUR OWN RISK. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
THE NOTL HYDRO PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS (INCLUDING LOSS OF PROFIT OR REVENUE, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURY, DEATH OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, HOWEVER CAUSED) THAT RESULTS FROM OR RELATES DIRECTLY OR INDIRECTLY TO ANY ASPECT OF THE CARBON CALCULATOR, THE CARBON CALCULATOR CONTENT, YOUR PARTICIPATION IN THE CARBON CALCULATOR, EVEN IF WE WERE NEGLIGENT OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (I) THE USE OR THE INABILITY TO USE THE CARBON CALCULATOR; (II) STATEMENTS AND/OR CARBON CALCULATOR CONTENT; (III) OUR TERMINATION, RESTRICTION OR SUSPENSION OF THE CARBON CALCULATOR; (IV) OUR CHANGES TO THE CARBON CALCULATOR; (V) ANY UNAVAILABILITY OF THE CARBON CALCULATOR; (VI) ANY ERRORS IN THE CARBON CALCULATOR CONTENT; AND/OR (VII) ANY OTHER MATTER RELATING DIRECTLY OR INDIRECTLY TO THE CARBON CALCULATOR. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
SERVICE CHANGES AND TERMINATION
NOTL HYDRO MAY AMEND, RESTRICT, SUSPEND OR OTHERWISE CHANGE, AT ANY TIME, ANY ASPECT OF THE CARBON CALCULATOR, INCLUDING ANY PROVISION OF THESE TERMS AND CONDITIONS (INCLUDING NOTL HYDRO’S PRIVACY CODE AND TERMS OF USE.) EXCEPT AS OTHERWISE PROVIDED ABOVE REGARDING OUTAGES AFFECTING A LARGE NUMBER OF CUSTOMERS, ANY MATERIAL CHANGES MAY BE POSTED ON NOTL HYDRO’S WEBSITE AND/OR MAY BE SENT VIA A BROADCAST MESSAGE. IF YOU DO NOT ACCEPT SUCH CHANGE, YOUR REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE CARBON CALCULATOR AS SET OUT ABOVE. YOUR CONTINUED USE OF THE CARBON CALCULATOR AFTER ANY CHANGES TO THESE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.
NOTL HYDRO RESERVES THE RIGHT TO TERMINATE THE CARBON CALCULATOR OR DISABLE ANY SUBSCRIBER’S USE OF OR ACCESS TO THE CARBON CALCULATOR FOR ANY REASON AND WITHOUT ANY NOTICE, AND TO REFUSE ACCESS TO ANY PROSPECTIVE SUBSCRIBER FOR ANY REASON. YOUR PARTICIPATION IN THE CARBON CALCULATOR WILL BE AUTOMATICALLY TERMINATED AS OF THE DATE YOU CEASE TO BE A CUSTOMER OF NOTL HYDRO FOR ANY REASON.
GOVERNING LAW AND JURISDICTION
THE TERMS ARE GOVERNED EXCLUSIVELY BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE LAWS OF CANADA APPLICABLE THEREIN, AND YOU SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ONTARIO.
GENERAL
THESE TERMS AND CONDITIONS (INCLUDING NOTL HYDRO’S PRIVACY CODE AND TERMS OF USE, REFERRED TO ABOVE) CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU AND NOTL HYDRO REGARDING YOUR USE OF THE CARBON CALCULATOR, AND SUPERSEDE ALL PRIOR UNDERSTANDINGS BETWEEN YOU AND NOTL HYDRO WITH RESPECT TO THE CARBON CALCULATOR. IF ANY PART OF THESE TERMS AND CONDITIONS IS HELD INVALID OR UNENFORCEABLE, THAT PORTION SHALL BE CONSTRUED IN A MANNER CONSISTENT WITH APPLICABLE LAW TO REFLECT, AS NEARLY AS POSSIBLE, THE ORIGINAL INTENTIONS OF THESE TERMS AND CONDITIONS, AND THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.