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Welcome! When using Alternate-NRG Inc., ("Alternate-NRG") services ("Services"), you agree to the terms and conditions listed on this page (the "Terms of Use").

If you order or use any Alternate-NRG Services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future Alternate-NRG Services whether or not included in our Website, you will also be subject to our current Terms of Use.

PRIVACY
To understand our practices, please review our Privacy Policy that also governs your visit to our Website and use of our Services. Please note that the Privacy Policy may be changed or amended by Alternate-NRG, upon notice to the customer.

OWNERSHIP
All rights that are not granted to you are reserved by Alternate-NRG. The Services, our technology, and any updates or improvements to the Services and our technology, are owned by Alternate-NRG and its licensors. Alternate-NRG and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. You understand that our Services and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.

TRADEMARKS
Alternate-NRG, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Alternate-NRG Communications, Inc. Alternate-NRG trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by Alternate-NRG, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alternate-NRG. All other trademarks not owned by Alternate-NRG that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alternate-NRG.

YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful. You are also solely responsible for all uses of your account and password, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate deletion of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.

COMMUNICATIONS AND CONTENT
You are responsible for the content of the messages you communicate when using our Website or Services as well as the consequences of those messages. You agree that you will not use our Website or Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. ALTERNATE-NRG EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTERNATE-NRG DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.

ALTERNATE-NRG WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ALTERNATE-NRG TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY ALTERNATE-NRG (LESS ANY PAYMENTS TO YOU) DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Alternate-NRG, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees, on a solicitor and client basis) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Alternate-NRG's successors, assigns, representatives and licensees.

APPLICABLE LAW
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without giving effect to its conflict of laws or your actual state or country of residence.

MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

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Copyright 2005 Alternate-NRG Inc. All Rights Reserved.

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