Terms & Conditions

LAST UPDATE: November 16, 2016

This web site (this “Site”) is provided by Carbon60 Networks Inc. (“Carbon60”), conditional on your acceptance of the Carbon60 Privacy Policy and the terms and conditions of use set forth below (collectively, the “Terms and Conditions”). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the “Content”), you agree, on your own behalf and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Content from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Carbon60. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Carbon60, the other agreement shall prevail, but only to the extent of the inconsistency.

1. Changes to Terms & Conditions. Carbon60 has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

2. Changes to this Site. Carbon60 may change, terminate, discontinue or suspend any part of this Site in whole or in part, including (i) changing the availability of any features at any time without notice or liability; (ii) changing or adding any fees or charges for use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Carbon60 reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

3. Acceptable Use Policy. The Site may be used only for lawful purposes by individuals seeking information regarding the “services” and “solutions” described on this Site. You agree to use the Site only to request Content that is proper and related to the purpose of the Site.
Subject to these Terms and Conditions, Carbon60 grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (a) remove from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (b) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use such Content for any public or commercial purpose, including without limitation use of the Content on any other web site; (c) transfer the Content to any other person without the prior written consent of Carbon60; (d) print or copy any of the HTML or other computer programs that may be accessible at this Site; (e) use this Site in any manner that could damage, disable, overburden or impair this Site; (f) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (g) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites; (h) upload, post or otherwise transmit on this Site any materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms, bots or other harmful, disruptive or destructive files or computer programs that impose an unreasonable or disproportionately large load on this Site’s infrastructure; (i) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (j) use or attempt to use another’s account, password, service, system or other information without prior written authorization from Carbon60; (k) create or use a false identity on this Site; (l) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (m) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (n) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (o) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. Carbon60 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Password & Registration. You are solely responsible for maintaining the confidentiality of your registration information and password. You are solely responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Carbon60 of any unauthorized use of your registration or password.

5. Proprietary Rights. Limited License and Copyright. This Site, including all Content, is protected by Canadian and worldwide copyright laws and treaties. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Carbon60 does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information of Carbon60.

Trademarks. The Service names, company names and logos used on this Site are registered and/or unregistered trademarks of Carbon60, including, but not limited to Carbon60 and Carbon60 Networks . Such Service names, company names and logos of Carbon60 may not be copied, imitated or used, in whole or in part, without the prior written consent of Carbon60. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

Reservation of Rights. Carbon60’s Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Carbon60 reserves all such rights.

6. Linking & Third Party Rights. Certain links on this Site, if any, may take you to other web sites. Carbon60 provides these links only as a convenience. These linked sites are not necessarily under the control of Carbon60. If you use these sites, you will leave this Site. 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 and other destructive elements.
Carbon60 is not responsible for the contents of any such linked page or any other page not under its control. Carbon60 makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that Carbon60 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 Carbon60.

7. Disclaimer. You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk and expense. Carbon60 makes no representation or warranty of any kind regarding the Site and/or the Content, all of which are provided on an “AS IS” basis. Carbon60 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CARBON60 DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Without limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier is provided by third parties on an “As Is” basis, and Carbon60 does not review it. Carbon60 and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site.

Carbon60 does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your sole risk.

8. Limitation of Liability. YOU AGREE THAT CARBON60 AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF CARBON60, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that Carbon60’s aggregate liability for damages shall be limited to $100.00 Canadian Dollars.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

9. Indemnification. You agree to defend, indemnify and hold harmless each of Carbon60, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned within the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms and Conditions.

10. Choice of Law. This Site is controlled, operated and administered by Carbon60 from its offices within Canada. Carbon60 makes no representation or warranty that Content at this Site is appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information and subject to the arbitration provisions hereof, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto, Ontario, Canada in the English language. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

11. Arbitration. Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts in Toronto, Ontario, Canada.

12. Carbon60 Privacy Policy.  This Privacy Policy explains how personal information about you may be collected, used, or disclosed as a consequence of your activities on the Site. Please read it thoroughly. By submitting any information through the use of this Site, or by otherwise accessing this Site, you agree to the terms of this Privacy Policy and consent to the policies and practices described for the collection, use or disclosure of personal information.

A. Protection of Personal Information
i. Canadian law governs the collection, use and disclosure of personal information in a manner that recognizes individuals’ right of privacy with respect to their personal information.
ii. The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) sets out rules and principles for the management of personal information by commercial organizations. Services are made available to organizations internationally. PIPEDA applies to Carbon60 because it is an organization headquartered in Ontario, Canada and Ontario is not yet deemed to have “substantially similar” legislation.
iii. The type of personal information that is protected includes almost any information about an identifiable individual, such as your name, address, telephone number, age, sex, marital status and nationality (“Personal Information”). Personal Information may not, however, include certain types of business or employment related information. It does not, for example, include the name, title, business address or telephone number of an employee of an organization.
iv. PIPEDA provides certain fundamental principles which apply to the collection, use and disclosure of Personal Information. One of the most significant is that your Personal Information generally cannot be collected, used or disclosed without your consent. It also allows you to find out why your Personal Information is being collected, how it is being used, where it’s being stored and to whom it’s disclosed. It requires the use of appropriate safeguards to secure your Personal Information. It also grants you access to your personal information and provides mechanisms for ensuring compliance.
v. Carbon60 will not collect, use or disclose your Personal Information without your consent except where required or allowed by law.

B. What Information Does Carbon60 Collect?
i. Carbon60 limits the collection of Personal Information to that which is required or permitted by law. Carbon60 collects such Personal Information as is required for the purposes identified by us in this Privacy Policy or identified by us at the time that we collect the Personal Information from you.
ii. Carbon60 requests certain Personal Information from you if you elect to provide your contact information in the “contact us” section of the Site (“Registration Information”). Registration Information includes your full name, email address.
iii. At times, we may ask you to provide us with Personal Information about yourself to assist us in meeting your various needs or to better understand the requirements, profiles and experience of our Site visitors. We may also ask you to provide or allow us access to specific Personal Information about yourself contained on other databases. This information includes information that is collected if you choose to participate in a survey, if you ask to be kept updated about new developments, services or features offered by Carbon60 or its affiliates, if you utilize any of our Services or features, or if you contact Carbon60.
iv. You can visit this Site without telling us who you are and without providing Carbon60 with any information about yourself. However, certain anonymous information (“Anonymous Information”) may be collected by us automatically. Our Web server may collect the IP address and the name of the Internet service provider (“ISP”) associated with the computer from which you accessed this Site, the type and version of Web browser and operating system that you are using, and the address of the Web site that you visited prior to this Site. If your Web browser is configured to accept cookies, we may place either temporary cookies (only until you exit your current browser window) or permanent cookies (until you manually disable or delete the cookie using your browser software) on your computer. A “cookie” is a small piece of information that our Web server automatically sends to your browser for storage on your computer, which then permits our Web server to recall information about your preferences as a part of the Anonymous Information. Please note that portions of this site will not function if you do not accept cookies.
v. With the exception of the Anonymous Information described above, you will always know when we are collecting information from you and therefore have the opportunity not to provide the information.
vi. The purposes for which Carbon60 collects any information will always be as set out in this Privacy Policy or as otherwise expressly communicated to you before Carbon60 collects the information.
vii. Carbon60 neither knowingly solicits information from children nor knowingly markets Services to minors.

C. Use of Information by Carbon60
Registration Information
i. Registration Information, is used primarily to update you on the Site and via email regarding new Site developments and information about the services and solutions described on this Site, to answer your questions and to provide you with services and solutions that you have requested.
ii. Registration Information may also be used to determine appropriate new features, content or Services for this Site, to permit Carbon60 or its affiliates to contact you in a more specific and focused manner depending on the content of your Registration Information.

Anonymous Information
iii. Anonymous Information is used primarily by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to this Site. We may also use this data to monitor Site performance for systems administration purposes, to make this Site easier and more convenient to use and for law enforcement purposes.
iv. If cookies are enabled for your Internet browser, then they are used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of this Site. If you are performing a search on our Site, then a cookie is used to carry the search request data from the request page to the results page. This cookie, by itself, does not tell us your email address or who you are.
v. If we use your Registration Information to provide other information to you, we use cookies to recognize you on subsequent visits to our Site and to make your on-line experience more convenient.

Communication with Carbon60
vi. If you contact us, we may keep a record of the correspondence but we do not make any use of the email address or other contact information, other than to respond to the communication.
Improper Use of Personal Information
vii. Although we use all reasonable means to ensure that the information you provide to us is not used by third parties for purposes other than those described in this Privacy Policy, Carbon60 is not responsible for any improper use of your Personal Information that is beyond our reasonable control.

D. Retention of Information
i. We maintain record retention practices and policies which apply to Personal Information that is no longer necessary or relevant for the identified purposes, or that is no longer required or permitted by law to be retained.
ii. All personal information destroyed or erased from our records is done securely with due regard to the sensitivity of the information.

E. Your Consent
i. Carbon60 does not collect, use or disclose your Personal Information without your consent except where required or permitted by law.
ii. Carbon60 may, for example, collect, use or disclose Personal Information without your knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.
iii. Carbon60 may also disclose Personal Information without knowledge or consent to a lawyer or other advisor representing Carbon60, to collect a debt, to comply with a subpoena, warrant or other court order or rules, is required for the investigation or enforcement of laws, or as may otherwise be required or authorized by law. Where a request for Personal Information is made by an organization claiming lawful authority for the request, Carbon60 will take reasonable steps to ensure that the requesting party properly identifies its legal authority.
iv. Carbon60 will generally obtain your consent electronically on our site. However, it may also be obtained in writing or verbally. In determining the appropriate form of consent, we will consider the sensitivity of and reasonable expectations regarding the Personal Information.
v. Carbon60 will not require your consent for the collection, use or disclosure of Personal Information as a condition to the supply of any products or Services, except to the extent reasonably required to fulfill the purposes identified in these Terms and Conditions or otherwise identified at the time that we collect your Personal Information.
vi. You may withdraw your consent to the continued collection, use or disclosure of your personal information by Carbon60 at any time by contacting Carbon60 at privacy@carbon60.com, but such a request would be subject to legal or contractual restrictions. Carbon60 would also require reasonable advance notice to effect any requested changes. A request that we no longer collect or use your Registration Information or Anonymous Information, may mean that Carbon60 will no longer be able to provide you with our services and solutions.

F. Disclosure of Information
i. Carbon60 will not sell, trade, rent or license Personal Information that you provide to us.
ii. Carbon60 may disclose your Personal Information to third parties who acquire all or a substantial part of the Carbon60 business, including by merger, amalgamation, a sale of our assets or in the unlikely event of bankruptcy. Subject to a court order, at the time of such merger, amalgamation, sale or bankruptcy, Carbon60 would contractually require any resulting entity that obtains your Personal Information to comply with its obligations under PIPEDA regarding your Personal Information, including the applicable terms and conditions of this Privacy Policy.

G. Access and Accuracy and Update of Personal Information
i. Carbon60 will take reasonable steps to ensure that your Personal Information is as accurate, complete and up-to-date as is appropriate for its purposes and to minimize the possibility that inappropriate information may be used to make a decision about you.
ii. Carbon60 provides you with the means to access, update, edit or delete the Registration Information and certain other Personal Information you have provided to us at any time by contacting us via the “Contact Us” link on the Site.
iii. Upon request made in writing, Carbon60 will inform you of the existence, use and disclosure of your Personal Information, at minimal or no cost to you, in accordance with processes and procedures that we have put in place for such requests. If you are unsure whether we have a record containing your Personal Information and would like to confirm what Personal Information we have, please send your request to privacy@carbon60.com, identifying all email addresses which you may have given us. If there is a cost involved at all, we will inform you at that time.
iv. Carbon60 may require additional information from you in order to verify your identity following an access request. Such Personal Information will only be used for the purpose of identity verification and will itself be subject to protection under the terms of this Privacy Policy.
v. Carbon60 will respond to all requests for access within 30 days or as otherwise required or permitted by law.
vi. In some circumstances, Carbon60 may not be able to provide access to all of the Personal Information that we hold about you. Carbon60 may not provide access to information if doing so would likely reveal Personal Information about a third party, could be expected to threaten the life or security of an individual, reveal confidential commercial information, if the information is protected by a legally recognized privilege, if it was created as part of a settlement or dispute resolution process, or if it was collected in relation to the investigation or a breach of an agreement or a contravention of law. Carbon60 will provide reasons to you if it refuses an access request.
vii. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

H. Safeguards
i. Where Carbon60, in its sole and absolute discretion, considers it appropriate, having due regard to the sensitivity of the particular information that we collect, use or disclose, Carbon60 uses encryption or authentication tools, among other methods, practices and procedures, to protect your Personal Information irrespective of which format it is stored in. Our practices and procedures for safeguarding your information are regularly reviewed.
ii. E-mails you send to us are not necessarily secure when they are transmitted to us.
iii. There may occasionally be fraudulent “phishing” emails targeting individuals who the perpetrators believe might be users of this Site. We never send an email which requests users to visit a Web page or place a call and provide any Personal Information. If you ever receive such an email, do not log in from any referred link and do not provide any Personal Information. Please notify us immediately if you suspect phishing.
iv. Our employees receive regular privacy training. Employees are instructed to only use Personal Information in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business. The only employees who have access to your Personal Information are administrative personnel. Employees who misuse customer Personal Information may be subject to disciplinary action up to and including termination of their employment.

I. Contact Us
i. Carbon60 will make information about its policies and practices relating to management of Personal Information readily available. Please direct any questions about our privacy policies and procedures, any requests for access to our records of your Personal Information and any other privacy related concerns or complaints to privacy@carbon60.com. All privacy related complaints will be acknowledged, recorded, investigated and responded to in accordance with applicable law.

ii. You can contact us at privacy@carbon60.com, phone at 905-836-8649, or by postal mail at:
Carbon60 Networks Inc.
1725 16th Avenue
Suite 100
Richmond Hill, Ontario, Canada
L4B 0B3
Attn: Chief Privacy Officer

iii. We welcome any suggestions or comments about our Privacy Policy

13. General. (a) These Terms and Conditions constitute the entire agreement between Carbon60 and you with respect to the subject matter hereof; (b) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (c) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (d) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (e) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (f) No changes to these Terms and Conditions shall be made except by a revised posting on this page.