TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.EVERLEAFCAP.COM (THE “SITE”). ACCESS TO AND USE OF THIS SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS, VIEW OR USE THIS SITE IN ANY MANNER.

1. Modifications of Terms and Conditions of Use

Everleaf Capital Corp., including any and all subsidiaries, affiliates, or any respective employees, agents, officers, directors or third-party service providers (collectively “Everleaf”), reserves the right to change or modify this Agreement, including the terms, conditions, and notices under which this Site may be used by you.  Any such change or modification shall be made through a notice on this Site.  Accordingly, you are encouraged to periodically review the terms and conditions contained in this Agreement.  Subsequent to the posting of all such notices, any further use of this Site by you shall be deemed to constitute acceptance by you of such changes and modifications.

2. Disclaimer

You understand and agree that:

  1. Use of this Site and the information, materials, and services provided or offered therein (the “Content”) is at your sole risk. This Site and the Content are provided on an “as is”, “as available” basis. Everleaf provides no warranty or condition of any kind, whether express or implied, regarding this Site or the Content and Everleaf specifically disclaims the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
  2. Everleaf makes no warranties or conditions regarding the quality, reliability, timeliness or security of the Content or that the Content delivery will be uninterrupted or error-free. Everleaf assumes no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Content, even if you have paid for virus protection services.
  3.  The access to and downloading of material from this Site is done at your own risk. Everleaf makes reasonable efforts to ensure that this Site is virus-free, but Everleaf does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Site or its Content.

3. Limitation of Liability

In no event will Everleaf be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this Site or its Contents. Everleaf will not be liable for any actual or alleged infringement by any third party materials available through the Site. In no event will the cumulative liability of Everleaf arising out of or related to these terms exceed $5.00. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

You acknowledge and agree that these terms present a fair allocation of risk and liability, and that this Section 3 is an essential part of the bargain between the you and Everleaf, a controlling factor in setting any fees or other charges, and an inducement to the you to enter into this Agreement with Everleaf.

4. Indemnity

You agree to defend, indemnify and hold Everleaf, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of this Agreement, including all terms and conditions, by you or in connection with your use of this Site.

5. Links

Links to any external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by Everleaf of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between Everleaf and the Linked Sites.  Everleaf is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

6. Copyrights

Except as stated herein, all Content, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof are the sole property of Everleaf.  Permission is granted to electronically copy, display and print hard copy portions of this Site for the sole purpose of obtaining any products or services from Everleaf as offered on this Site. Any other use of the Content, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication, without prior written permission of Everleaf, is strictly prohibited.

7. Trademarks

The names, images, logos and pictures identifying Everleaf’s Content in many countries are proprietary marks of Everleaf. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Everleaf or any third party. The use of any Everleaf trademark or service mark, whether registered or not, is strictly prohibited without obtaining Everleaf’s prior written consent.

8. Use of this Site

The Content is owned or licensed by Everleaf, and Everleaf authorizes you to view or download a single copy of the Content solely for your personal, non-commercial use, provided you retain all proprietary notices contained in the Content.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from this Site.

You may not use this Site:

  1. for any purpose that is unlawful or prohibited by the terms, conditions and notices contained in this Agreement;
  2. in any manner which is contrary to the Privacy Policy; or
  3. in any manner which is contrary to all applicable local, provincial, national, international and foreign laws, regulations, or policies governing your use of this Site; or,

Further to the above, it is strictly prohibited to post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that, in Everleaf’s sole discretion, cold in any way bring Everleaf, including its officers, directors, employees, or any other related persons or entities, or the Site, into disrepute.

9. Your Personal Information

Your personal information retained by the Site and/or Everleaf will be protected in accordance with our Privacy Policy.

10. Severability

If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

11. Entire Agreement

Unless specifically provided herein, this Agreement and the associated Privacy Policy constitutes the entire agreement between you and Everleaf with respect to your use of this Site.  This Agreement and the Privacy Policy shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties.  There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.

12. Termination

This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein.  Everleaf reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.  You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Alberta, for any legal proceeding arising out of or relating to your use of this Site or this Agreement.

14. Language

The parties hereto confirm their express wish that this Agreement, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith; les parties aux présentes confirment leur volonté expresse de voir la présente convention de même que tous les documents, y compris tous avis, si rattachant rédigés en langue anglaise seulement et s’en déclarent satisfaits.

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