BUSINESS OF CLIMATE CHANGE WEBSITE TERMS AND CONDITIONS

Last Updated on June 2, 2007

These terms and conditions contain legal obligations. Please read these terms and conditions carefully before using the Business of Climate Change site.

Introduction

Welcome to the Internet site of Business of Climate Change. By using the Business of Climate Change site, or any of the products or services (collectively the "Services") available on the Business of Climate Change site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Business of Climate Change site or Service, all as may be modified by Business of Climate Change from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use the Business of Climate Change site or any of the Services on a Business of Climate Change site.

Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a Business of Climate Change site following the posting of any changes to these Terms and Conditions will mean you accept those changes.

Privacy

We are committed to providing our visitors with a web site that respects their privacy. This page summarizes the privacy policy and practices on Business of Climate Change.

We do not automatically gather any personal information from you, such as your name, phone number, e-mail or address. This information is only obtained if you supply it voluntarily, usually through contacting us via e-mail, or registering in a secure portion of the site.

Any personal information you do provide is protected under the federal Privacy Act. This means that, at the point of collection, you will be informed that your personal information is being collected, the purpose for which it is being collected and that you have a right of access to the information.

User Conduct

In consideration of the availability, and your use, of the Business of Climate Change site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such Business of Climate Change site or Service. You acknowledge that Business of Climate Change may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a Business of Climate Change site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Business of Climate Change site, any of the Services, or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software)which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

Responsibility for minors

In cases where you have authorized a minor to use a Business of Climate Change site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Business of Climate Change site or any of the Services; and (iii)the consequences of any misuse by the minor.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A Business of Climate Change SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Business of Climate Change MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section, "WARRANTIES")OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) Business of Climate Change SPECIFICALLY MAKES NO WARRANTIES THAT THE Business of Climate Change SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE Business of Climate Change SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Professional Information Disclaimer

The Business of Climate Change sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Business of Climate Change site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Business of Climate Change, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.

Modifications

Business of Climate Change reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Business of Climate Change site. Please check these Terms and Conditions regularly 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 the Business of Climate Change site and any of the Services immediately. Your continued use of the Business of Climate Change site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, Business of Climate Change reserves the right to change, modify, suspend or discontinue any aspect of the Business of Climate Change site, Services or Content from time to time without notice or liability and for any reason whatsoever.

Fee based services

Certain of the Services made available on the Business of Climate Change site may be offered by Business of Climate Change on a payment basis (a "Pay Service"). Pay Services offered by Business of Climate Change will be available by credit card payment in a secured (encrypted) area. Should you choose to purchase a Pay Service, you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). The Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable unless otherwise stated.

By registering for a Pay Service, you warrant that: (a)you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, (d) that Business of Climate Change reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Business of Climate Change has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Business of Climate Change shall be in addition to and without prejudice to such rights and remedies as may be available to Business of Climate Change, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Business of Climate Change or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Business of Climate Change reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

Indemnification

You agree to defend, indemnify and hold harmless each of Business of Climate Change, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Business of Climate Change site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Business of Climate Change site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Business of Climate Change site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Business of Climate Change, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Business of Climate Change HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE Business of Climate Change SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE Business of Climate Change SITE OR ANY OF THE SERVICES.

You expressly acknowledge that Business of Climate Change has entered into this agreement, and has and will make the Business of Climate Change site, content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Business of Climate Change. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

Governing Law/Jurisdictional Issues

All Business of Climate Change sites and Services are controlled, operated and administered by Business of Climate Change from its offices within Canada. Business of Climate Change makes no representation or warranty that the Business of Climate Change site or any of the Services are appropriate or available for use at any locations outside Canada. If you access the Business of Climate Change site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the content accessible through the Business of Climate Change 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, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Arbitration and Actions

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Business of Climate Change site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) 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. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

You acknowledge and agree that Business of Climate Change, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Business of Climate Change site or any of the Services, and remove and discard any information or content related to the Business of Climate Change site or any of the Services (and your use thereof), for any reason, including where Business of Climate Change believes that you have violated any of these Terms and Conditions. You further agree that Business of Climate Change shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Business of Climate Change site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Business of Climate Change in operating the Business of Climate Change site or any of the Services, your sole and exclusive remedy is to discontinue using the Business of Climate Change site or any of the Services.

General provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Business of Climate Change and you pertaining to your use of the Business of Climate Change site, Services and content and supercede any prior agreements between you and Business of Climate Change with respect to the subject matter hereof. Business of Climate Change's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof)contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.