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Terms & Conditions

 

Legal Notices

Please Read Carefully Before Using This Website

XNRGY Climate Systems, Inc. (“XNRGY”) works to continually improve its products. As a result of the company’s innovations, the designs and specifications of each product at the time of order may be changed without notice and may not be as described herein. Please contact XNRGYs Customer Service Department at 514-593-0800 for specific product information. The performance and cost savings associated with XNRGY’s products vary widely due to local weather and environmental conditions, user preferences and settings, user product care and handling, and utility rates, among other reasons. Statements and other information contained herein are not warranties and do not form the basis of any bargain between the parties but are merely XNRGY’s opinion or commendation of its products.

This Website is provided by XNRGY, and may be used for informational purposes only. By using the Website or downloading materials from the Website, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the Website or download materials from the Website.

These Website terms and conditions constitute a legal agreement and are entered into by and between you and XNRGY. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Agreement“), govern your access to and use of, including any Materials, content, functionality, and services offered on or through our website (collectively, the “Website“)

By using the Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with XNRGY and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

 

Limited License

You understand and agree that the Website and its entire contents, features, and functionalities, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by XNRGY, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Subject to the terms and conditions set forth in this Agreement, XNRGY grants you a nonexclusive, nontransferable, limited right to access, use, and display this Website and the materials thereon solely for your own individual non-commercial use and for informational purpose only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Website, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent. You agree not to interrupt or attempt to interrupt the operation of theWebsite in any way.XNRGY authorizes you to view and download the information (“Materials”) at this Website only for your personal, noncommercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

  • You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
  • You may not modify the Materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose.
  • You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.
  • You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. This Website, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions.
  • You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Website, including any Materials.
  • Except as expressly provided herein, XNRGY does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret information, and any other proprietary rights.

XNRGY may terminate the authorization, rights, and license given above, and upon such termination, you shall immediately destroy all Materials.

 

Prohibited Uses

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:

  • is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses;
  • reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses;
  • infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
  • contains false statements or misrepresentations that could damage you, XNRGY or a third party;
  • contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

 

You further agree not to:

  • harvest, collect, or send information about others, including e-mail addresses, without their consent;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Website;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website;
  • use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website to harvest or otherwise collect information from the Website to be used for any commercial purpose;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
  • You further agree not to violate or attempt to violate the security of the Website, including, without limitation:
  • accessing data not intended for you or logging into a server that you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, the Website; or
  • sending unsolicited e-mail, including promotions and/or advertising of products or services.

Violations of system or network security may result in civil or criminal liability.

XNRGY may investigate occurrences that may involve violations of the security of the Website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

Disclaimer of Warranties and Damages

While XNRGY use reasonable efforts to include accurate and up to date information on the Website, XNRGY make no warranties or representations as to its accuracy. The information contained in or made available through the Website (including, but not limited to any advice, opinion, statement, or other information displayed on the Website) cannot replace or substitute for the services of trained professionals in any field.

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. XNRGY MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE WEBSITE OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE WEBSITE.

THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XNRGY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY XNRGY OR ANY THIRD PARTY.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. XNRGY MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND XNRGY  DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of liability

IN NO EVENT WILL XNRGY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, INCLUDING ANY AGENTS, PARTNERS AND ASSOCIATED SERVICE PROVIDERS, OR ANY WEBSITE LINKED TO OR FROM THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEBSITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF XNRGY OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. XNRGY RESERVE THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ANY CLAIM AGAINST XNRGY SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE WEBSITE.

 

Privacy

We protect your privacy and security as explained in detail in XNRGY’s Privacy Policy, available here.

You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Website.

 

Indemnification

You agree to indemnify, hold harmless, and defend XNRGY and their affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Website (including, without limitation, your content and your use of any of XNRGY Materials), (ii) your online conduct in connection with the Website, (iii) your violation or breach of this Agreement, (iv) your failure to comply with any applicable laws or regulations in connection with this Website or any Material, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Website, or (vi) any of your dealings or transactions with other persons resulting from the use of the Website. You shall not settle any such claim without the prior written consent of XNRGY. These obligations will survive any termination of this Agreement.

 

Third Party Sites

As a convenience to you, XNRGY may provide, on this Website, links to websites operated by other entities. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. XNRGY makes no warranty or representation regarding and does not endorse any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that XNRGY or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of XNRGY or any of its affiliates or subsidiaries.

Many links from this Website lead to external resources, i.e., websites, which are maintained and hosted by third parties over which XNRGY has no control and is in no manner responsible. You agree and acknowledge that XNRGY assumes no liability with respect to your use of such third party materials whether you are aware of their use or not and whether or not the use of such third party websites and materials is endorsed or recommended by the XNRGY.

 

Information Provided by You

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with this Agreement and all applicable federal, provincial, local, and international laws and regulations.

XNRGYdoes not want you to, and you should not send any confidential or proprietary information to XNRGY via theWebsite. You agree that any information or materials that you or individuals acting on your behalf provide to XNRGY will not be considered confidential or proprietary. By providing any such information or materials to XNRGY, you grant to XNRGY an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and distribute such information and materials, and you further agree that XNRGY is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to XNRGY.You further recognize that XNRGY does not want you to, and you warrant that you shall not, provide any information or materials to XNRGY that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

By submitting any content to the Website, you represent and warrant that you own or otherwise control all of the rights to your content, and that use of your content by XNRGY or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.

 

Changes

XNRGY reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes.

XNRGY may terminate, change, suspend, or discontinue any aspect of the XNRGY Website, including the availability of any features of the Website, at any time. XNRGY. may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. XNRGY will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

 

No Waiver

Our failure to enforce any provisions of this Agreement shall not in any way waive our right to enforce subsequently any terms or conditions of the Agreement.

 

Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

International Users and Choice of Law

This Website is controlled, operated, and administered by XNRGY from its offices within Québec, Canada. XNRGY makes no representation that the Website, including its Materials and any other information it may contain, are appropriate or available for use at other locations outside of Canada, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of Canadian export laws and regulations. If you access this Website from a location outside of Canada, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the Province of Québec, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between XNRGY and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.