Terms of Service
Welcome to Capital Carbon Consulting! Please read these Terms of Service carefully. These Terms of Service create an agreement (the “Agreement”) between you and “Capital Carbon Consulting” regarding your use of our “services”. All users must agree to this Agreement before using the Services. If you do not agree to this Agreement, please click the “Cancel”/”Back” button and do not use the Services.
If you are under 18, or if you are considered a minor in your province/state or country, you must obtain the consent of your parent or legal guardian to use the Services.
1. Requirements for Use
To access the Services, you will need your own computer and high-speed internet access.
To register, you will need a user name, physical address, email address, password and credit card information (the “Registration Information”). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Capital Carbon Consulting of any unauthorized use or breach of your account.
3. Data, Information and Privacy
You agree that Capital Carbon Consulting may collect, use, process and store information about you and your use of the Services, including the transfer of such information to Canada. You acknowledge that Capital Carbon Consulting acts only as a passive conduit of such information, and that Capital Carbon Consulting will not monitor or disclose such information, except as needed to provide the Service or as otherwise required by law. Capital Carbon Consulting may use information collected by Capital Carbon Consulting, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.
4. Your Responsibilities as a Capital Carbon Consulting User; License to Your Content
You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material (“Content”) used in connection with your account. Capital Carbon Consulting will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Capital Carbon Consulting from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your violation of this Section 4.
You agree not to upload, post, email, store, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Capital Carbon Consulting or its affiliates.
You agree not to upload, post, email, store, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You agree not to upload, post, email, store, transmit, or otherwise make available any Content tha violates copyright, trademark or other laws protecting intellectual property, or that violates an individual’s publicity or privacy rights.
You agree not to upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your province or state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
Capital Carbon Consulting has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
You automatically grant Capital Carbon Consulting and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for Capital Carbon Consulting to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using our website.
You may be required to download and install Capital Carbon Consulting software (“Software”). In that event, Capital Carbon Consulting agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Capital Carbon Consulting in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Capital Carbon Consulting are hereby reserved. You agree not to take any action to interfere with Capital Carbon Consulting’s or its supplier’s ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by Capital Carbon Consulting to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Capital Carbon Consulting or its affiliates, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
6. Availability of the Service
The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your province or state or country. Capital Carbon Consulting may make modifications to its features or any services to comply with laws and regulations. Capital Carbon Consulting owns all the proprietary rights and interests in the Services and Services websites.
7. Suspension or Termination of Your Account
You agree that Capital Carbon Consulting may suspend or terminate your access to the Services without notice if: (a) Capital Carbon Consulting determines that you have violated this Agreement or (b) Capital Carbon Consulting is required to do so by any court or government authority in any country.
Capital Carbon Consulting may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Capital Carbon Consulting will issue a refund when appropriate.
You agree that Capital Carbon Consulting has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10 (as to amounts due and owing), 11, 13, 14 and 17.
8. Changes to Services and Prices
Capital Carbon Consulting may discontinue the Service or change the Service or price (including adding and deleting features) without notice. Capital Carbon Consulting may also add what it refers to as “Cost Features.” If you want to add a Cost Feature, please contact the Capital Carbon Consulting sales department.
9. Beta Services
Capital Carbon Consulting may make available a “beta” version the Services (“Beta Services”) for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you “AS IS”; (b) Capital Carbon Consulting makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Capital Carbon Consulting’s questions and inquiries regarding your use of the Beta Services. You agree that Capital Carbon Consulting has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Capital Carbon Consulting has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Capital Carbon Consulting may use and incorporate into Capital Carbon Consulting products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Capital Carbon Consulting without compensation. Capital Carbon Consulting may suspend or terminate access to Beta Services (and delete any Content or data provided to Capital Carbon Consulting with respect to such Beta Service(s)) at any time, without notice and without compensation.
You agree that Capital Carbon Consulting may charge your credit card or bill you for all amounts due and owing for your use of the Services. Capital Carbon Consulting reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Capital Carbon Consulting in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Capital Carbon Consulting may suspend the Services for non-payment of undisputed fees. Capital Carbon Consulting is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.
11. Copyright Policy Regarding Third Parties
If you believe that Capital Carbon Consulting or any of its affiliates or any user of Capital Carbon Consulting has violated a copyright, please contact us at: firstname.lastname@example.org for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.
12. Use of Your Name and Logo
You agree that Capital Carbon Consulting may use the name, logo and other trademarks or service marks of your company to create a co-branded Services website as part of the delivery of the Services.
13. No Warranties
To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Capital Carbon Consulting and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. CAPITAL CARBON CONSULTING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. CAPITAL CARBON CONSULTING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
14. Limitation of Liability
YOU AGREE THAT CAPITAL CARBON CONSULTING, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF CAPITAL CARBON CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CAPITAL CARBON CONSULTING AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CAPITAL CARBON CONSULTING FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN PROVINCES, STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE OR STATE TO STATE OR JURISDICTION TO JURISDICTION.
15. Changes to this Agreement
Capital Carbon Consulting may change the terms of this Agreement and recommends that you revi them on a regular basis. You can review the most current version of this Agreement at: . If Capital Carbon Consulting makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.
16. Use of DOI
Your use of a user identification or screen name issued by DOI or its affiliates (collectively, “DOI”) or your use of the DOI network is governed by the DOI Network Registered User Terms of Service located at: .
17. Other Legal Terms
17.1 Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Capital Carbon Consulting shall have no liability or obligation relating to those services or goods.
17.2 Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective “Marks.” As to Capital Carbon Consulting’s Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Capital Carbon Consulting Marks, or other proprietary information (including images, text, page layout, or form) of Capital Carbon Consulting without Capital Carbon Consulting’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Capital Carbon Consulting Marks without Capital Carbon Consulting’s express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.
17.3 You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, and (b) laws relating to the recording of communications, including, when required, advising all participants in a recorded Capital Carbon Consulting sessions or event that the session or event is being recorded or that Content or personal information is being transferred outside the country. It is your responsibility to ensure that you have the right to use the Services where you are located, as well as where your teams are located. You agree that the use of Capital Carbon Consulting is subject to Canadian and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable Canadian or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
17.4 This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Capital Carbon Consulting may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.
17.5 Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
17.6 You agree that if Capital Carbon Consulting does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Capital Carbon Consulting’s rights and that those rights or remedies will still be available to Capital Carbon Consulting.
17.7 If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.
17.8 This Agreement shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of local laws provisions
Last Update: 13 March 2019