CARBON-BLOCK™ INC

WEBSITE TERMS AND PRIVACY STATEMENT

These terms and conditions and the Privacy Statement included below (together the “Terms of Use”) govern your access to and use of Carbon-Block Inc.’s (“Carbon Block™ “we” or “our”) website (https://carbonblock.io) and its online services, including all features and functionalities and all associated content (collectively, the “Website”). By accessing and continuing to use the Website, you expressly agree to be bound by the Terms of Use described below, as well as any additional services terms which are published on the applicable webpage. If you do not agree to these Terms of Use, please exit the Website immediately.

  1. Carbon Block™ Website
    1. Information Provided as Service Only. The documentation and information available on the Website are provided as a service only.
    2. Information May Not be Current. Please be advised that the information on the Website may not always be the most current source for company information. Carbon Block™ disclaims any liability for any failure to update information on the Website.
    3. Changes to Website. The information in the Website is subject to change without notice. Carbon Block™ may, at its sole discretion, enhance, delete or modify the features, format, characteristics, functionality, and/or the procedures to use the Website, the information available to you through use of the Website and upgrades or updates to the Website.
    4. Changes to Terms of Use.These Terms of Use were last updated [June 23, 2020]. Carbon Block™ may amend the Terms of Use from time to time by providing such revised Terms of Use to you or by publishing the revised Terms of Use on the Website. You are responsible for periodically reviewing the amendments on the Website and you are deemed to be aware of such amendments. Your continued use of the Website shall constitute your acceptance to be bound by the revised Terms of Use.
  2. Acceptable and Prohibited Uses 
    You are solely responsible for your use of the Website. You agree that you shall use the Website respectfully and in accordance with all applicable laws and regulations. You further agree that that you shall not:

    1. Modify or alter any of the contents of the Website;
    2. Upload, post or otherwise transmit through or to the Website any content that: (i) is false, unlawful, abusive, victimizing, threatening, harmful, obscene, offensive, or defamatory; (ii) might infringe the intellectual property rights or other proprietary rights of others; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk/spam or any other form of unauthorized solicitation; or (iv) contains any viruses or any other harmful programs or elements;
    3. Disrupt or attempt to gain unauthorized access to any portion of the Website, its computer systems, server or networks; or
    4. Use the Website for any commercial purpose not intended to be allowed by the Website without Carbon Block™ ’s permission.
  3. Links to Other Websites
    Links from or to internet sites outside the Website are meant for convenience only and your access to them is at your own risk. The publishers of the outside sites manage their content, which is not reviewed or approved by Carbon Block™. These links are not endorsements, guarantees or recommendations by Carbon Block™ of the products or services offered on those sites. Carbon Block™  cannot guarantee that these links are functional or secure and cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of the other sites connected to the Website through links.
  1. Intellectual Property Rights
    1. Definition of Proprietary Content. For the purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Website. This includes message boards, chat, and other original content.
    2. Carbon Block™ ’s IP Rights. By agreeing to be bound by these Terms of Use, you acknowledge and agree that all content presented to you on the Website or through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of Carbon Block™ or its licensors. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Website in any form or by any means without prior written permission from Carbon Block™  or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
    3. Third Party IP Rights.Certain materials or information available to you through the Website or through links to third party websites may be subject to third party intellectual property rights. All such intellectual property rights are and shall remain the property of their respective owners or creators (as the case may be). Carbon Block™ does not warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights, including the intellectual property rights, of third parties.
    4. Reserve of Rights. All rights not expressly granted in these terms are reserved to Carbon Block™. Nothing in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Carbon Block™ or any other person or entity.
  2. Warranty and Disclaimer
    1. General Warranty Disclaimer.Other than as expressly set forth in these Terms of Use, Carbon Block™ makes no representations, warranties or covenants to any person or entity with respect to the Website. Except as set forth above, the Website is provided on an “as-is” and “as available” basis. Carbon Block™  does not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise (including, without limitation: any implied warranty of merchantability; functionality of the Website or user interfaces; fitness for a particular purpose; accuracy of data; compliance with any description; or non-infringement of third party rights) with respect to the Website or Services and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
    2. No Warranty of Website Availability.Carbon Block™ does not guarantee the accuracy, timeliness or completeness of any information or document on the Website nor that the Website may be provided without interruption or error free. Carbon Block™ does not warrant that it will be able to correct all reported defects in the Website. Since the Website will be facilitated and/or transmitted through public internet lines, communications networks and public and/or private switched telephony network(s) (as the case may be), you understand that there may be service disruptions or outages.
  3. Limitation of Liability and Indemnity
    1. Liability Exclusion.To the maximum extent permitted by applicable law, in no event will Carbon Block™  be liable to any party for any direct, indirect, special or other consequential damages for any use of this Website or the Services, the content, or with respect to any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. This exclusion includes any liability that may arise out of third-party claims against you or Carbon Block™.
    2. Maximum Liability.Notwithstanding the liability exclusion above, the aggregate liability of Carbon Block™  for all claims of any kind whether based in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, or resulting in connection with these Terms of Use, from the performance or breach thereof, or from the provision of the Website, will in no case exceed $50.00 CAD.
    3. Indemnity. You hereby agree to defend, indemnify, and hold harmless Carbon Block™ , its officers, directors, assigns, and service providers and their respective successors and assigns, from and against any and all claims and all costs, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or relating to your use of the Website or our Services.
  4. International Use This Website is controlled, operated and administered by Carbon Block™ from its offices within Canada. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside Manitoba, Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer made in connection with the Website is void where prohibited.
  5. General
    1. Additional Agreements.You acknowledge and agree that your use of the Website may require you to enter into one or more additional agreements. These Terms of Use and any additional agreements are intended to be correlative, complementary, and mutually explanatory of one another. However, in the event of a conflict, inconsistency or ambiguity between the terms of any additional agreement and these Terms of Use, the terms of the additional agreement shall prevail unless expressly stated otherwise in the additional agreement.
    2. Governing Law. These Terms of Use shall in all respects be governed exclusively by the laws of the Province of Manitoba without reference to the rules of conflicts of law.
  6. Privacy Statement
    1. Protection of Privacy.Privacy is of the utmost importance to Carbon Block™. This Privacy Statement is an expression of Carbon Block™ ’s commitment to protect and respect the privacy of all personal information which we collect, and to hold in strict confidence all information concerning the business and affairs of our customers gathered in the course of our relationship.
    2. Collection of Personal Information.Carbon Block™ primarily collects personal information in connection with the provision of its renewable energy design, retail, and installation services (the “Services”). The type of information that Carbon Block™ may collect from you includes, for example, your name, email address, address, phone number, and other information that you choose to provide. We may also collect personal information for other purposes where we have a legal duty or right to do so, or where Carbon Block™  has a good faith belief that it is necessary to protect the property or rights of Carbon Block™ .
      1. Direct Collection from Individuals. Carbon Block™ only collects personal information about individuals where the individual has knowledge of the data collection and consents thereto. Generally, this means that Carbon Block™ collects personal information directly from the individual to whom it relates, whether via Carbon Block™ ’s website, telephone, fax or in person. Occasionally, Carbon Block™ may collect personal information from third party sources.
      2. Passive Collection of Anonymous Technical Information.Visitors should be aware that anonymous technical information may be collected by Carbon Block™ as a result of a visit to the Website. For example, this information may include the visitor’s IP address, browser type, operating system, domain name, access times and referring website addresses. Carbon Block™ uses this anonymous technical information to track usage patterns for purposes such as improving the operation and content of the Website and compiling aggregate and statistical information. Carbon Block™ will not process this anonymous technical information in ways that may result in revealing the identity of the person or people to whom the data relate. Carbon Block™ reserves the right to disclose such aggregate information to third parties.
      3. Use of “Cookies”.As part of the collection of technical information, Carbon Block™ may use “cookies” on its Website. “Cookies” are small text files placed on your computer that can collect and store a variety of information, including visitor preferences and activities on the Website. Cookies may be temporary or permanent. Permanent cookies are stored indefinitely on a user’s hard drive unless manually deleted, while temporary cookies are automatically deleted from the user’s browser upon logging out of a website. Web browsers typically allow users to disable all permanent and/or temporary cookies, and to delete permanent cookies. Consult your web browser’s “Help” feature to learn more.
    3. Use and Disclosure of Personal Information.

      1. Carbon Block™ uses personal information, as necessary, for the purpose of providing the Services and administering the customer relationship generally, including, without limitation, for the purpose of offering opportunities which Carbon Block™  feels will be of interest to you. You may opt-out of receiving such marketing communications or customized advertising by contacting us at the address below, or, in the case of electronic communications, by using the “unsubscribe” link contained therein. Carbon Block™ may also use personal information for other purposes to the extent authorized or required by law.
      2. In certain instances, Carbon Block™ may also share your personally identifiable information with third party service providers performing functions on our behalf, including, without limitation, vendors that process credit card orders, provide us marketing or promotional assistance, analyze our data, and assist us with customer service. Carbon Block™  has agreements in place with third party service providers which require such service providers to keep your information confidential and secure and which ensure that our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf.
      3. Carbon Block™ does not use personal information for any other purposes, unless it has the consent of the individual to whom the personal information relates.

       

    4. Your Consent.Carbon Block™ only collects, uses and discloses personal information with the consent of the individual to whom it relates. The consent may be express or implied. There may also be situations where Carbon Block™ ’s collection, use or disclosure of personal information without consent is authorized or required by law. You can withhold your consent to Carbon Block™ ’s collection, use and disclosure of your personal information, or withdraw such consent at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is withheld or withdrawn, Carbon Block™  may not be able to fulfill the purpose(s) for which the information was collected, or fulfill any obligations it may owe to you in connection with such purposes.
    5. CASL Compliance. Carbon Block™ has structured its practices to comply with the consent and unsubscribing requirements under Canada’s Anti-Spam Legislation (CASL). Where consent is required by CASL, Carbon Block™ will ensure that you have expressly opted-in or that Carbon Block™  has your implied consent (as defined under CASL) to receive Carbon Block™ ’s communications before they are sent to you. Further, Carbon Block™ will ensure that all communications include a clear means to opt-out of receiving any further Carbon Block™ business and/or marketing messages as required under CASL.
    6. Safeguarding Personal Information.

      1. Security Safeguards. Carbon Block™ has taken reasonable steps to assist in the protection of its customer’s information, including the use of firewall technology and the implementation of reasonable internal security policies and procedures. Carbon Block™ will continue to monitor security issues and will update and improve security when it is reasonable and practical to do so. However, it is important to note that the internet is not a secure method of communication and Carbon Block™ cannot guarantee the privacy or security of customer information submitted through the website or by email over the internet. Despite our use of industry-standard security measures, no security or encryption we provide is invulnerable to attacks of malicious third parties.
      2. Risk of Use. Further, internet software or electronic transmission errors may produce inaccurate or incomplete copies of the content of the Website when downloaded and displayed on any computer. Carbon Block™ does not assume any liability or responsibility whatsoever for computer viruses or other destructive programs received during the electronic transmission of such content of the Website or any websites accessed through links provided therein. Any unprotected email communication over the internet is, as with communication via any other medium (e.g. cellular phones, post office mail), subject to possible interception or loss, and is also subject to possible alteration.
      3. Processing Outside of Canada.Our head office is located in Winnipeg, Manitoba, Canada. In some cases, personal information that we manage may be processed in Canada and may be disclosed, processed and stored outside Canada (including in the United States of America), and therefore may be available to government authorities under lawful orders and laws applicable there. Carbon Block™ has taken appropriate technical, organizational, and legal steps to secure this information.
      4. Breach Procedure. The protection of personal information is of paramount concern to us, and we are prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with applicable privacy laws including, without limitation, complying with mandatory breach reporting and record keeping requirements.
      5. Retention. We retain personal information only as long as is reasonable to fulfill the purposes for which the information was collected, or for legal or business purposes.

       

    7. Access to and Amendment of Personal Information. Carbon Block™ will provide you with access to your personal information in accordance with applicable laws. Carbon Block™ reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for a request for access to your personal information. However, Carbon Block™ reserves the right to charge such costs on a case-by-case basis in accordance with applicable laws. You will be notified in advance if such charges apply. Further, Carbon Block™ will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.
    8. Contact Carbon Block™. For further information about Carbon Block™ ’s privacy practices or the Terms of Use, or to make a request for access to personal information, please contact Carbon Block™ ’s Privacy Officer:
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