Last updated on November 4th, 2011.
Changes to the ServiceIn Zerofootprint’s sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Service in whole or in part including, but not limited to, (i) restricting the time the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Service. You agree that any termination or cancellation of Your access to, or use of, the Service may be effected without prior notice. Although Zerofootprint does not constantly monitor the Service, it nevertheless expressly reserves the right to do so.
Registered UsersCertain portions, components, content and features of the Service are only available to individuals who register with Zerofootprint and create a user account on the Service (each, a “Registered User”).
If You are a Registered User then You agree to the following:
(i) In consideration of Your use of the Service, You represent that You are seventeen years of age (17 ) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by any registration form(s) on the Service (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, Zerofootprint has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
(ii) You agree to choose carefully the information You post on the Service and that You provide to other users. Your profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Zerofootprint assumes no responsibility or liability for this material. You are solely responsible for Your interactions with other users of the Service.
(iii) You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Zerofootprint of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.
All Zerofootprint Community communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Service (including any Zerofootprint Community) for adherence to the community standards and any acceptable use postings or for any other purpose. You acknowledge that by providing You with the ability to distribute Submissions (as defined below) in the Zerofootprint Community, We are acting as a passive conduit for such distribution and We are not undertaking any obligation or liability relating to any Submissions or activities in the Zerofootprint Community. Although We reserve the right to remove, without notice, any Zerofootprint Community posting for any reason, We have no obligation to delete Submissions that You may find objectionable or offensive.
User SubmissionsYou acknowledge that any content, e-mails, postings, news articles, events, marketplace listings, tips, offers, software, videos, photos, text, graphics, music, sounds, questions, creative suggestions, messages, feedback, ideas, recipes, notes, drawings, articles, stories or other information, data, materials and opinions (including, without limitation any postings on community forums) (“Submissions”) that You provide, e-mail, post, upload or otherwise transmit to the Service shall be deemed and shall remain the property of Zerofootprint, including all copyright, without reservation, and You waive in favour of Zerofootprint any and all moral rights in such Submissions.
When You post Submissions to the Service, You authorize and direct Zerofootprint to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the Submissions on the Service. By posting Submissions to any part of the Service, You automatically grant, and You represent and warrant that You have the right to grant, to Zerofootprint an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submissions for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing.
You agree to defend, indemnify and hold Zerofootprint, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of Your Submissions.
Upon posting of a link, You agree to defend, indemnify and hold Zerofootprint, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.
By including a link to the Service on a Third Party Site, You represent and warrant that the Third Party Site has the right to grant to Zerofootprint an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
DisclaimerTHE SERVICE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. ZEROFOOTPRINT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SERVICE OR THE SITE CONTENT. ZEROFOOTPRINT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT ZEROFOOTPRINT MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS AGAINST ZEROFOOTPRINT WITH RESPECT TO SUCH THIRD PARTY SITES.
While we take great care to ensure the Service and related information is accurate, mistakes may occur. When a mistake is identified we will attempt to correct it as soon as possible and will attempt to notify You if we believe You are affected. Where appropriate, the Service may be suspended or amended by Us and / or an order may be cancelled prior to shipping an associated product.
All prices quoted are in Canadian dollars unless otherwise noted.
Trademark InformationZerofootprint, Zerofootprint Inc., Zerofootprint Software Inc., Zerofootprint Not-For-Profit, 0footprint, 0footprint Inc., Zerofootprint Group of Companies and related words, domain names and logos are trade-marks and the property of Zerofootprint and its related entities. All other trade-marks, product names and company names or logos cited herein are the property of Zerofootprint and its related entities.
Third Party SitesThe Service contains (or You may be sent through the Service) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Zerofootprint, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If You decide to leave the Service and access the Third Party Sites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Service or relating to any applications You use or install from the Service.
Limitation of LiabilityEXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF SERVICE, NONE OF ZEROFOOTPRINT OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, OR ANY THIRD PARTY SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Governing LawBy accessing the Service, You agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.
In any action against us arising from the use of the Service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Service. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Zerofootprint in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate Your subscription or registered user account, as applicable.
Additional Terms for VELObilltm BetaWelcome to VELObilltm Beta and associated websites (the “Service”). The Service is owned by Zerofootprint Software Inc. (“Zerofootprint”, “Us” or “We”) and is currently being provided as part of a limited beta test so that We can improve the Service and make it better for users. By accessing or using the Service or by accessing, viewing or posting to the Service on any associated website(s) owned or operated by or on behalf of Zerofootprint, You (“You” or “Your”), whether or not You are a registered member of the Service, signify that You have read, understand and agree to be bound by each of the following:
The Services may not be used by anyone located outside of Canada and the United States. In order to enforce this restriction, We may use legal and technological tools to block prohibited users. Our decision not to use such tools does not constitute permission to use the site in violation of these Additional Terms.
THE SERVICE COVERED BY THESE ADDITIONAL TERMS IS PROVIDED IN “BETA” FORM BECAUSE IT IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF ALLOWING YOUR USE OF THIS SERVICE IS TO OBTAIN FEEDBACK ON SERVICE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA BY BACKING IT UP ON A SEPARATE SYSTEM, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.
You agree that We and Our licensors, distributors, contractors and agents shall have no liability whatsoever for any use You make of the Service, or any beta products or beta websites owned or operated by Us. To the maximum extent permitted by applicable law, You hereby release, and waive all claims against, Us and Our licensors, suppliers, employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including legal fees) of every kind and nature, arising out of or in any way connected with use of the site, the Service or any websites, beta products or beta websites controlled by Zerofootprint.
By using the Service, You confirm that You understand and agree that We are not making any claims about, and will not be liable for, the amount of any type of consumption tracked by the service (such as water or energy) or money You may use or save by using the Service or taking any other actions, including conservation actions that are discussed or suggested by the Service. This is because the amount of any savings will depend on many factors We cannot control, such as the quality of any conservation projects You undertake, the skill of Your contractors, the weather, Your own behaviour and Your specific dwelling.
Sometimes, We will provide You with advertisements paid for by independent service providers (such as contractors), which may be related to Your particular consumption patterns and conservation goals. In such cases, We are acting as an advertising service only. By using the Service, You confirm and agree that We make no representations or warranties and will not be liable for any act or failure to act by any service providers You may work with, including those advertised through the Service. WE DO NOT ENGAGE IN VETTING OR SCREENING OF SERVICE PROVIDERS WHO ADVERTISE ON OUR SERVICE OR WEBSITE AND YOU AGREE THAT YOU SHOULD EXERCISE CAUTION IN SELECTING A SERVICE PROVIDER. YOU ASSUME ALL RISKS ASSOCIATED WITH PURCHASING GOODS OR SERVICES FROM ADVERTISERS THROUGH THE SERVICE OR ANY WEBSITE CONTROLLED BY ZEROFOOTPRINT.
• Could be construed as violating any personal privacy laws;
• Contains a computer virus or Trojan horse code, in whole or in part for any reason; or
• Contains any advertisements or links to products outside of the Service unless approved by Zerofootprint. We expect courtesy to other users of the Service. Here are some suggestions:
• Avoid flame wars. Do not engage in personal attacks, and try to resist provocation.
• Refrain from using racial, ethnic, sexual, or religious slurs, profanity or sexually explicit language.
• Do not disrupt any other users’ use of this site.
• Try to keep Your discussions limited to technical discussions about the product.
• Define Your problem or suggestion clearly. Avoid simply complaining about the product in general terms. Any message board We host is intended to create a community of discussion and to help You, other users and developers.
• Do not send spam.
Your participation in any discussion forum We host, and anything else You publish as part of Your use of the Service, is subject to review, modification and deletion without notice and at the sole discretion of Zerofootprint and its designates. The option not to modify or delete existing posts does not constitute an endorsement of the post’s contents by Zerofootprint.
Confidential InformationYou acknowledge that, in the course of using and accessing the Service, You may obtain or develop information relating to the Service, the beta products, the beta websites and/or to Zerofootprint (“Confidential Information”), including, but not limited to the sites, beta websites, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not) and other technical, business, product, marketing, financial and customer information, plans and data.
You shall not, without Our prior written consent, disclose or otherwise make available Confidential Information or copies thereof to any third party. You acknowledge and agree that due to the unique nature of Our Confidential Information, there can be no adequate remedy at law for any breach of Your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Zerofootprint resulting in irreparable harm to Zerofootprint, and therefore, that upon any such breach or threat thereof, Zerofootprint shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
Providing FeedbackZerofootprint grants to You a limited, non-exclusive, non-transferable, royalty free, geographically limited revocable license to install and use the Service in a non-production environment for testing and evaluation purposes only within Canada and the United States only.
In consideration for access to the Service, You agree to give Zerofootprint feedback regarding:
• The functioning of the Service, and any problems You find and improvements You might recommend (“Feedback”).
• All such Feedback may be used by Zerofootprint in its sole discretion for any purpose, without restriction or any obligation, financial or otherwise, on the part of Zerofootprint to You.
You also agree that Zerofootprint may contact You at the contact information You provided to request Your Feedback on the Service.