1 . USER AGREEMENT
3 . ACCURACY OF INFORMATION
We do our best to ensure that information on the Website is complete, accurate and current. Despite our best efforts, however, information on the Website may be inaccurate, incomplete, or out of date. All specifications, products, services, descriptions, incentives, and prices on the Website are subject to change at any time without notice. We do not warranty the accuracy or completeness of the information, content or material provided through the Website.
The inclusion of any products, services, incentives, or prices on the Website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product or service at any time.
4 . COPYRIGHT RESERVATION AND TRADEMARK NOTICES
SkyFire reserves all intellectual property rights (including trademark and copyright) in relation to the Website and its contents including but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the “Materials”). SkyFire is the owner or authorized licensee of the trademark in all logos and marks on the Website, and retains all rights in relation to them. You may not copy, reproduce, publish, transmit, distribute, display, post, modify, sell, license or otherwise exploit the Website or any of its Materials without our prior written consent. Any and all rights not expressly granted are reserved by SkyFire.
5 . DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY SKYFIRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYFIRE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE SUITABILITY, RELIABILITIES, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE FOR ANY PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, SKYFIRE AND/OR ITS AFFILIATES OR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SKYFIRE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM SKYFIRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SKYFIRE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SKYFIRE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SKYFIRE WEBSITE AT ANY TIME.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT THE WEBSITE INCLUDES FUNCTIONALITIES ALLOWING USERS TO INPUT INFORMATION TO CALCULATE OR ESTIMATE A USER’S APPROXIMATE ENERGY SAVINGS, SYSTEM COSTS, PAYBACK PERIOD, OR OTHER DELIVERABLES ASSOCIATED WITH GOODS OR SERVICES SUPPLIED BY SKYFIRE (AN “ESTIMATION FUNCTION”), SUCH ESTIMATION FUNCTIONS ARE PROVIDED AS-IS SOLELY FOR INFORMATIONAL PURPOSES AND SKYFIRE DISCLAIMS ALL WARRANTIES WHATSOEVER WITH RESPECT TO THE INFORMATION PROVIDED BY SUCH ESTIMATION FUNCTION. SKYFIRE SHALL NOT BE BOUND BY THE INFORMATION RETURNED BY ESTIMATION FUNCTIONS UNDER ANY CIRCUMSTANCES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKYFIRE AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SKYFIRE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SKYFIRE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SKYFIRE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SKYFIRE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKYFIRE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SKYFIRE DISCLAIMS LIABILITY FOR ANY DAMAGES, CLAIMS OR INJURIES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, SUFFERED BY YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO:
a. ANY ACTIONS TAKEN IN PARTIAL OR FULL RELIANCE UPON ANY INFORMATION PROVIDED IN THE WEBSITE;
b. ANY ERRORS, INACCURACIES, INCONSISTENCIES OR MISSTATEMENTS CONTAINED IN THE WEBSITE;
c. THE SUITABILITY FOR ANY PURPOSES OF ANY PRODUCTS, MATERIALS, SERVICES OR INFORMATION REFERENCED OR CONTAINED WITHIN THE WEBSITE;
d. COMPUTER VIRUSES OR DELAYS IN TRANSMISSION OR OPERATION IN RELATION TO THE WEBSITE;
e. UNAUTHORIZED USE OF, OR REPRODUCTION OF, ANY INFORMATION FROM THE WEBSITE; OR
f. ANY THIRD PARTY INFORMATION, ADVICE, PRODUCTS, OR SERVICES ON THE WEBSITE OR ANY LINKED WEBSITES.
6 . LINKED WEBSITES
The SkyFire Website may contain links to third party websites, and similarly, third party websites may contain links to the Website. Any such links shall not imply an endorsement of a product, service, or third party. SkyFire has no control over the content of third party websites. Therefore, SkyFire assumes no responsibility or liability for any material on any linked websites.
Upon written approval by SkyFire, you may be granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray SkyFire, its directors, its employees, or its content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You agree to discontinue such hyperlinks if directed to do so by SkyFire.
7 . NO UNLAWFUL OR PROHIBITED USE
8 . PURCHASE OF GOODS AND SERVICES
Any purchase of goods and/or services from SkyFire, whether initiated through the Website or otherwise, are subject to the terms and conditions of the agreement executed between you and SkyFire in respect of such goods and/or services (a “Project Agreement”).
9 . USE OF COMMUNICATION SERVICES
The Website may contain message or communication functions designed to enable you to communicate with SkyFire, the public at large, or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Services. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
e. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
f. Conduct or forward surveys, contests, pyramid schemes or chain letters.
g. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
i. Restrict or inhibit any other user from using and enjoying the Communication Services.
j. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
k. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
l. Violate any applicable laws or regulations.
SkyFire has no obligation to monitor the Communication Services. However, SkyFire reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SkyFire reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SkyFire reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SkyFire’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. SkyFire does not control or endorse the content, messages or information found in any Communication Service and, therefore, SkyFire specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SkyFire spokespersons, and their views do not necessarily reflect those of SkyFire.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
10 . MATERIALS PROVIDED OR POSTED
SkyFire does not claim ownership of the materials you provide to SkyFire (including feedback and suggestions) or post, upload, input or submit to any SkyFire Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SkyFire, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SkyFire is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SkyFire ‘s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
11 . REMEDY
You agree to indemnify and save harmless SkyFire and its directors and employees from and against all liabilities and responsibilities respecting the Website and the products and services provided through it.
12 . TERMINATION/ACCESS RESTRICTION
SkyFire reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
13 . GOVERNING LAW AND JURISDICTION
By using this Website, you attorn to the jurisdiction of the Province of Alberta to settle any dispute that arises through your use of this Website in the Alberta courts.
This provision prevails notwithstanding different conflicts of law provisions that may be applicable in your state, province, region or country. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
14 . GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SkyFire as a result of this agreement or use of this Website. SkyFire’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SkyFire ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by SkyFire with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SkyFire with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SkyFire with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
15 . QUESTIONS