Terms & Conditions

Welcome to the ostromclimate.com website. Please read these Terms and Conditions before using or submitting content in any form or medium through ostromclimate.com.

1. No warranty
The Site and the Site Content are provided by Ostrom Climate on an “as-is” and “as available” basis, without any representation, guarantee or warranty whatsoever, including any express or implied warranty as to merchantability or fitness for any particular purpose. Subject to the terms of our Privacy Policy, Ostrom Climate does not make any representation, guarantee or warranty regarding the use or results of use of the Site, including the use of the e-Commerce feature or other services requiring the transfer of information and data, whether in terms of their correctness, accuracy, reliability, uninterrupted use, security or otherwise. Ostrom Climate does not warrant the functions, information or links provided on the Site.

Third-party links on the Site allow you to leave the Site and connect directly to linked sites. Such linked sites are independent of the Site, and the presence of linked sites on the Site are not in any way a reflection on, affiliation with, approval by, or endorsement by Ostrom Climate. We provide these links only as a convenience and make no warranty regarding the linked site, the content on any linked site, any link contained in a linked site, or the company or entity owning or operating any linked site.

2. Limitation of Liability

You acknowledge that Internet usage is inherently risky and is subject to computer, system and network failure, and exposure to potentially harmful content that may cause damage to your computer hardware and software systems. While Ostrom Climate will take reasonable measures to maintain the security of the Site and Site Content, you agree that you use this Site completely at your own risk and that in no event shall Ostrom Climate be liable to you, or any person claiming under or through you, for any loss or damage, however caused, including where caused by the negligence, gross negligence or willful misconduct of Ostrom Climate or it agents. Further, you agree that under no circumstances will Ostrom Climate be liable for any indirect, incidental or consequential damages resulting from your use of this Site, even if caused by the negligence, gross negligence or wilful misconduct of Ostrom Climate or its agents.

3. Intellectual Property

Any and all content, information and data of any kind displayed on, contained in, or accessible through this Site is subject to copyright and other intellectual property rights of Ostrom Climate or its licensors. Any unauthorized downloading, re-transmission or modification of Site Content is a violation of the intellectual property rights of Ostrom Climate and its licensors.

4. Use of the Site

You are permitted to use this Site and Site Content only for your own personal, educational or other non-commercial use. Written consent of Ostrom Climate is required for any other use of the Site or Site Content. You agree not to use the Site or Site Content in any manner that would breach any contract, duty, obligation or law, or infringe anyone’s intellectual property rights.

5. Indemnity

You agree to indemnify and save harmless Ostrom Climate, its directors, officers, employees and representatives from and against all claims, liabilities, costs and expenses, including legal cost on a solicitor and his own client basis, arising from: (a) any violation by you of these Terms and Conditions; (b) your use of the Site and the Site Content; (c) any claim made by a third party arising from any use made by you of emissions calculations provided by Ostrom Climate or other resources on the Site.

6. Ostrom Climate and Offset Projects

Ostrom Climate accepts its customers’ instructions with respect to use of funds to support particular offset project portfolios on the basis that Ostrom Climate will use its best efforts to apply funds to those projects within the offset portfolio. Ostrom Climate may, in its sole discretion, determine that it is not feasible to apply funds as instructed, in which event funds will be applied to other emissions reduction projects selected by Ostrom Climate, acting reasonably, that would still be considered a part of the selected offset portfolio.

7. No Waiver

No failure by Ostrom Climate to enforce the Terms and Conditions shall be deemed a waiver by Ostrom Climate of its rights under these Terms and Conditions. The Terms and Conditions may only be waived by Ostrom Climate in writing. No waiver by Ostrom Climate of a default under the Terms and Conditions shall operate or be construed as a waiver by Ostrom Climate of any future defaults, whether of a like or different character, or of your obligations or liabilities under the Terms and Conditions.

8. Changes to Terms and Conditions

Ostrom Climate may, from time to time and in its sole discretion, make changes to these Terms and Conditions without notice. Your continued use of the Site shall constitute your acceptance of any amendments or additions to the Terms and Conditions.

9. Governing Law

The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable in that Province. You agree that any disputes relating to your use of the Site and the Terms and Conditions will be adjudicated in and by the courts of the Province of British Columbia. Nothing in this section shall prevent Ostrom Climate from commencing an action in any court of competent jurisdiction for damages and/or equitable relief against you for breach of the Terms and Conditions.

10. Severability

Should any part of the Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, then such part shall be severed from the Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions.

11. Terms and Conditions Binding

The Terms and Conditions shall be binding upon and benefit the respective heirs, executors, administrators, successors and permitted assigns of you and OstromClimate, including Ostrom Climate’s subsidiaries and affiliates.

CONTACT US

If you have questions or comments about our Terms & Conditions, please contact us at:

Ostrom Climate Solutions Inc.
380-4111 Hastings Street
Burnaby, BC V5C 2J3
info@ostromclimate.com
604-646-0400

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