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Terms of Use

This Website is owned and operated by Calgary District Heating Inc. (“CDHI”). By accessing and using this Website, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (“Terms of Use”) and to comply with all applicable
laws and regulations as they may change from time to time. 

If you do not accept and agree to be bound by and comply with these Terms of Use, you are not permitted to access or use this Website.

CDHI reserves the right, in its sole and absolute discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation.  Please check these Terms of Use periodically for changes. Your continued access to and/or use of the Website after any such changes constitutes your acceptance of, and agreement to be legally bound by,

these Terms of Use, as revised.

Website Disclaimer

The materials and information provided on and through this Website are provided on an “as is” basis and for informational purposes only. CDHI and its directors, officers and employees (the “Releasees”) make no representation or warranty of any kind with respect to the quality, reliability, completeness, accuracy or timeliness of this Website or its content, or the use by anyone thereof. Further, the Releasees specifically disclaim any express or implied warranty which may arise from any course of dealing, legislation or other source. In particular, without limiting the foregoing, the Releasees specifically disclaim any warranties, representations or conditions of any kind, whether express, implied or statutory regarding merchantability, fitness for a particular purpose, quality, productiveness, usefulness, capacity, accuracy, completeness, timeliness or non-infringement, regardless of any prior understanding or assumption on the part of the recipient and/or user of this information. Any use of the information contained in this Website, in whole or in part, is made at your own risk.

Without limiting the foregoing, the Releasees do not assume any responsibility for any errors, omissions or inaccuracies of this Website or its content and make no representation or warranty that the functions contained in this Website or the server that makes it available are free from viruses or other harmful components, that the Website will be compatible with your computer and software, or that the Website will be available or function without interruption or error.

The Releasees will not under any circumstances be liable to you or any other person or entity for any damages whatsoever arising from, connected with, or relating to the Website.

Intellectual Property

All content on or available through this Website (collectively, the “SiteContent”) is owned by, licensed to, or used with permission by CDHI. You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual
property laws. Except as otherwise expressly permitted on this Website, no content on or available through this Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used in any way, except that you may download one copy of the materials for your personal, non-commercial use to a single computer, provided you keep intact all copyright
and other proprietary notices. Copying, reproducing or displaying any portion of the content for redistribution to third parties, for any commercial purposes, or in any other manner contrary to that expressly set out herein or elsewhere on the Website, requires the written consent of CDHI.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website may constitute trade names,
registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of CDHI or other entities.  All Trade-marks not owned by CDHI are the property of their respective owners, and, where used by CDHI are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks,
except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Website may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with CDHI ownership of, or any third party’s ownership of, the Trade-marks.

Indemnification

By using the Website, you hereby agree to indemnify, defend, release and hold harmless the Releasees from any loss, liability, claim,
demand, damage or expense (including legal fees) asserted by any entity relating in any way to your use of the Website or its contents, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

Links to Third Party Websites

This Website contains links to websites that are not published or controlled by CDHI. We offer links to third party sites for your
convenience only and do not verify, monitor, approve, endorse and are in no way liable for the content (including, without limitation, its accuracy, completeness, timeliness or appropriateness), the terms of use, the privacy policies or other features or functionality of such third party sites, or your use and interaction with them.

Modification, Suspension and Termination

If you breach any provision of these Terms of Use you may no longer use this Website. CDHI may, in its sole discretion, modify, suspend or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If you are dissatisfied with the Website or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website. 

 Governing Law

These Terms of Use, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta in the City of Calgary in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.

 General

These Terms of Use constitute the entire agreement between us and you pertaining to your use of this Website, and supersede any prior agreements between you and us with respect to the subject matter hereof. If any provision of these Terms of Use is determined to be void, invalid or otherwise unenforceable by any court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.  These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. The headings contained in these Terms of Use are for convenience of reference only and do not form part of these terms of service.