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Summary of these Terms of Service in Plain English
Welcome! We provide you with permission to use the platform known as the “Wayfinder™” and all of its functionality (collectively, the “Wayfinder”, as further defined below), if you accept responsibility for using the Wayfinder lawfully and in accordance with these terms, and you pay the applicable subscription or user fee.
The Wayfinder provides access to articles, software, presentations, protocols, maps, and the like (“Content”) that we have made available to you, and Content from third parties such as Carbon Guild™ partners over which we have limited control. The Wayfinder presentation and unique attributes of the Wayfinder that are not in the public domain belong to us, and we don’t make any guarantee as to the accurateness of Content that is provided on the Wayfinder, unless otherwise expressly stated. We have spent time and resources to create a compilation of Content to support carbon-related research and actions to facilitate a sustainable future. This compilation is our intellectual property, and as such, we have rights to this compilation that are enforceable.
We are not responsible for any damages to you or others for damages caused from using the Wayfinder or its Contents. Use of the Wayfinder is your choice, and the Wayfinder may not work perfectly all the time. Any information or Content available through the Wayfinder belongs to us or the Wayfinder partners, therefore you may be limited in how you use the Content. Any personal information you share or input into the Wayfinder belongs to you, but we have a right to analyze data trends across our user base. User information that is in the Wayfinder will not be traced to you as an individual, and we will not share any personal information that has been inputted into the Wayfinder unless you expressly consent, or we are required by law.
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Wayfinder and Users
- Wayfinder domain names, including carbonguild.com, and all of the webpages, subdomains, and subparts of the Wayfinder, the application program interfaces, and our analytics software that integrates with our proprietary database, are collectively referred to as the “Wayfinder”. The Wayfinder is a online platform jointly created by Viresco Solutions Inc. (“Viresco”) and Green Analytics Corp. (“Green Analytics”)
- Articles, software, presentations, protocols, maps, and the like that is made available to you through the Wayfinder is referred to as the “Content”. Entities that provide Content on the Wayfinder are referred herein as “Partners”.
- We refer to the entities or individuals that subscribe to access the Wayfinder Content as “Users” or “you”.
- By using any of the Wayfinder and Content, you are entering these Terms of Service with Viresco Solutions Inc. as the contracting entity. These Terms of Service include the Wayfinder Privacy Policy located at privacypolicy@virescosolutions.com (“Privacy Policy”) which is hereby incorporated by reference.
- For the purposes of these Terms of Service (“Terms”), Viresco Solutions Inc. shall be referred to as “Viresco”, “us", "we", or "our")
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Terms of Service
The following sets forth the terms and conditions upon which you may use the Wayfinder. By accepting the Terms when you create a user name and password, and then using the Wayfinder in any manner, you agree to these Terms without modification and enter a binding contract with Viresco. If you do not agree to these terms and conditions, in whole or in part, do not use the Wayfinder. These Terms apply to all Users.
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Term and Termination
These Terms are effective upon your acceptance as set forth under Article 2 above and continue in effect until terminated. We may terminate or suspend access to the Wayfinder immediately if you breach the Terms or fail to pay Subscription Fees (as defined in Section 4) when required. Upon termination, your right to use the Wayfinder will end. If you wish to terminate your account, you may simply stop paying Subscription Fees and discontinue using the Wayfinder.
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Subscription Fees and Payment
- After you register for an account and pay the corresponding subscription fees (“Subscription Fees”), you will be granted access to the Wayfinder. You may also be granted the right to use enhancements, options and advanced features of the Wayfinder (hereinafter referred to as the “Functions”) for an additional fee, the amount of which is determined by Viresco and depends on the scope of the Functions. Each distinct set of Functions may constitute a separate Wayfinder plan (hereinafter referred to as a “Plan”).
- Viresco reserves the right to determine the set of Functions, the term and cost of access to such set within each Plan, and also has the right to unilaterally change the set of Functions, replace and cancel Plans by updating the relevant information in the Wayfinder. The changed Plans come into force from the date of their publication (if the other date is indicated when publishing the updated Plans).
- Payment of Subscription Fees may be made through the third-party payment system known as “Stripe”, which is subject to separate terms and conditions of use, or direct payment (through e-transfer, cheque or credit card) of an invoice issued by Viresco. Payments of undisputed amounts identified on issued invoice are due within 30 days of receipt of such invoice, or as otherwise indicated on an invoice. Failure to pay within the prescribed payment period will result in denied access to the Wayfinder.
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Modification to Terms and to the Wayfinder
- Modifications to these Terms will be posted to the Wayfinder with a change to the “Updated” date at the top of these Terms. It is your responsibility to check these Terms periodically for modifications. Your continued use of the Wayfinder following the effectiveness of any modifications to these Terms constitutes acceptance of those modifications as well. If any modification to these Terms is not acceptable to you, you must cease accessing, browsing and otherwise using the Wayfinder. We will not change any material provision of these Terms without providing you with clear notification of such change.
- Viresco may from time to time provide enhancements or improvements to the features and functionality of the Wayfinder, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Wayfinder. You agree that Viresco has no obligation to: (i) provide any Updates, or (ii) continue to provide or enable any specific features and/or functionalities of the Wayfinder. You further agree that all Updates will be (i) deemed to constitute an integral part of the Wayfinder and (ii) subject to these Terms and the Privacy Policy.
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Public Information and Content Disclaimer
- The Wayfinder provides a database of Content aggregated for your convenience. Some Content may constitute information that is available publicly (“Public Information”). This Public Information is made available to you through the Wayfinder for informational purposes only. Public Information is not intended to provide professional advice and should not be relied upon in that aspect, unless expressly stated otherwise.
- Viresco does not verify Public Information and does not represent or warrant that has verified the accuracy or currency of any Content available through the Wayfinder and, consequently, Viresco shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or Content. Viresco does not make any representation or warranty as to the character or integrity of the person, business, or entity that has provided Content for the Wayfinder. Your reliance on the Public Information and Content is at your own risk.
- Viresco reserves the right to delete any Public Information or Content from the Wayfinder at any time.
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Third Party Disclaimer
- The Wayfinder may contain links to third-party web sites or services that are not owned or controlled by Viresco. Inclusion of any organization and information about its programs and services on the Wayfinder does not imply endorsement by us nor does an exclusion indicate lack of endorsement.
- Links to other websites are provided to help Users locate other information that may be of interest. Parties other than Viresco independently developed these other websites and therefore Viresco does not assume responsibility for the content of any third party website, nor does it make any representation or warranty of any kind regarding third party websites, including, without limitation, (i) regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third party websites, (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
- In providing links to other websites, Viresco is not acting as a publisher or disseminator of the material contained on these other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that Viresco is associated with or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such website. In addition, the mention of another party or its products or services on the Wayfinder should not be construed as an endorsement of that party or its products or services. You acknowledge and agree that Viresco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
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Wayfinder Disclaimer
Except as provided in these Terms, Viresco makes no guarantees, representations, or warranties of any kind with regards to the Wayfinder. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Wayfinder is at your sole risk. Viresco and its Partners and licensors do not warrant that: a) the Wayfinder will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Wayfinder is free of viruses or other harmful components; or d) the results of using the Wayfinder will meet your requirements.
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User Feedback Disclaimer
Where the Wayfinder enables you to communicate with Viresco and/or other Users of the Wayfinder or provide feedback, you may not use the Wayfinder to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring Viresco or the Wayfinder into disrepute. Although Viresco reserves the right to monitor, edit, review, or remove discussions, feedback, chats, postings, transmissions, bulletin boards and similar communications on the Wayfinder from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any such content posted on the Wayfinder nor for any error, omission, infringement, defamatory statement, obscenity, illegality or inaccuracy contained in any such information.
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Availability, Updates and Inaccuracies
- In order to provide accurate information through the Wayfinder, we regularly update the Content available through the Wayfinder, however, we do not guarantee the accuracy, availability, or completeness of any Content on the Wayfinder and available through the Wayfinder. We reserve the right to change or update Content and to correct errors, inaccuracies, or omissions at any time without prior notice.
- The Content available through the Wayfinder may have an error, be inaccurately described, or be outdated.
- Viresco shall use commercially reasonable efforts to make the Wayfinder available on a 24x7 basis (twenty-four hours per day, seven days per week) during the term that your Subscription Fees apply, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by Viresco, or (ii) for any unforeseen cause beyond Viresco's reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Agreement. Viresco will monitor performance indicators on the systems and network infrastructure (its own and that of third-party suppliers) in order to gauge the overall performance of its Wayfinder and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Wayfinder. Viresco further reserves the right to monitor and reasonably restrict your ability to use the Wayfinder if you are using excessive computing resources which are impacting the performance of the Wayfinder for other Users. Viresco agrees to notify you in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or workaround solution.
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Privacy Policy
Your privacy is important to us. Your credentials, registration data and any other information that you provide to us through the Wayfinder, as well as certain other information about you, is subject to Viresco’s Privacy Policy.
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AI-Generated Content
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In this Section 12, the following terms have the following meanings:
- "AI” means artificial intelligence.
- "AI Content” means content generated by Viresco’s AI software.
- "Training Data” means inputs, prompts, and other data used for training the Viresco AI software through fitting its learnable parameters.
- By generating AI Content, you grant Viresco the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such AI Content on and through the Wayfinder. You retain all of your rights to any AI Content you create, post, or display and are responsible for the AI Content’s legality, reliability, and appropriateness.
- You acknowledge that Viresco’s AI may reuse Training Data and that Training Data may be the same, or similar as Training Data used by other Users. You grant to Viresco an unlimited, perpetual, nonrevocable, non-exclusive, transferable and sublicensable right for its AI to use, reproduce, and prepare derivative or modified works of the Training Data to continuously improve the Wayfinder, comply with applicable law, and enforce Viresco policies. Your Training Data that creates AI Content will not be blended with any other User Training Data, however, the Wayfinder will use your Training Data to create different versions of the AI Content that change over time. You shall not include any Personal Information in the Training Data.
- Due to the nature of AI, AI Content generated for you by Viresco may be similar to AI Content generated for third parties. Viresco will respond to any claim that Content infringes a copyright or other intellectual property right of any person. If you are notified by a third party that AI Content has been produced in a way that constitutes copyright infringement, you must notify Viresco through one of the methods identified in Section 23 (“Contact Us”) and include in your notice a detailed description of the alleged infringement.
- Viresco has incorporated AI software into some AI Content to improve this AI Content and make it more applicable, beneficial, and targeted to your business or entity needs. Given the nature of AI, use of some AI Content may result in incorrect, infringing or inexact outputs. It is your responsibility to evaluate all AI Content as appropriate for each use, prior to distributing to any third parties.
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In this Section 12, the following terms have the following meanings:
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Partner Content
- Our Wayfinder allows Partners and Users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material that comprise the Content. Partners and Users are responsible for their own Content that are posted or uploaded to the Wayfinder, including their legality, reliability, and appropriateness.
- By posting or uploading Content to the Wayfinder, Partners and Users grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Wayfinder. The Partner or User, as applicable, retains all rights to any Content that are submitted, posted or displayed on or through the Wayfinder and the Partner or User, as applicable, is responsible for protecting those rights. This license includes the right for us to make such Content available to other Users of the Wayfinder, subject to these Terms.
- Each Partner or User that uploads Content represents and warrants that: (i) the Content is owned by such Partner or User, or the Partner or User has the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of such Content on or through the Wayfinder does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or, other intellectual property right of another or, (iv) offensive or otherwise unacceptable to us in our sole discretion.
- By providing the Partners, Users, or you with the ability to view and distribute user-generated Content on the Wayfinder, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any such Content on the Wayfinder.
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Your Accounts
- Users that create an account with us must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account with us.
- You are responsible for safeguarding the password that is used to access the Wayfinder and for any activities or actions associated with your password, whether the password is for our Wayfinder or a third-party service.
- You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than yours without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Any personal information your provide to us to enable your access to the Wayfinder is governed by our Privacy Policy. By providing us with your email address as a Wayfinder subscriber, you consent to receive emails from Viresco that we believe, in our reasonable discretion, may be applicable to your business. You may unsubscribe to such emails at any time, by clicking on the “unsubscribe” button included in such emails.
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Prohibited Uses
- You are prohibited from posting or transmitting on or through the Wayfinder any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profile material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting on or through the Wayfinder any information which infringes the rights of others or violates their privacy or publicity rights, or is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right.
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Furthermore, you may not, nor may you allow others to, directly or indirectly:
- use the Wayfinder in any manner that could damage, disable, overburden or impair the Wayfinder,
- interfere with the security of, or otherwise abuse, the Wayfinder or any services, system resources, accounts, servers or networks connected to or accessible through the Wayfinder or affiliated or linked Wayfinders,
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Wayfinder or make them available to any third party,
- copy or use the Wayfinder for any purpose other than as permitted under these Terms,
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the Wayfinder,
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Viresco, or its Partners or the licensors of the Wayfinder,
- disrupt or interfere with any other person’s use or enjoyment of the Wayfinder or affiliated or linked services,
- upload, post or otherwise transmit on the Wayfinder any items, including, without limitation, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive, files or computer programs,
- use any robot, spider, or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Wayfinder, Wayfinder or the content in whole or in part, or
- represent that any portion of the Content was human generated if it is not.
- You agree that you are solely responsible for all your actions and communications undertaken or transmitted while using the Wayfinder, and that you will comply with all applicable laws concerning the use of or activities on the Wayfinder. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Wayfinder.
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Ownership & Limited License
- The Wayfinder and the way the supporting database is organized and presented are protected by copyright law and are owned by Viresco and Green Analytics. Viresco grants to each User, on its own and on behalf of Green Analyics, a revocable, limited, non-transferable and non-exclusive license to access, view and use (display or print) Content for their own personal, non-commercial use, provided the Content is not modified and that all copyright, trademark and other notices contained in the Wayfinder are maintained. None of the Content may be otherwise reproduced, republished, or re-disseminated in any manner or form without the express prior written consent of Viresco or the Content owners.
- If you are a User, Viresco grants to you and you accept, a limited, non-exclusive, non-transferable right to access and use the Wayfinder solely for your internal business use for the term of your subscription. The Wayfinder shall not be used by you for, or on behalf of, third parties that are not authorized under this Agreement. You shall use your best efforts to ensure that the Wayfinder is used in accordance with these Terms. Your right to use the Wayfinder will be web-based only pursuant to these Terms and the Wayfinder will not be installed on any servers or other computer equipment owned or controlled by you or otherwise provided to you.
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Intellectual Property
- The Wayfinder and all Content, including but not limited to text, images, graphics or code are the property of Viresco or third parties, and are protected by copyright, trademarks, database and other intellectual property rights. While certain trademarks of third parties may be used by us under license, the display of any such marks or names on the Wayfinder does not imply that Viresco or other entities have granted a license or authorization of any kind.
- You may display and copy, download or print portions of the material from the different areas of the Wayfinder only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Viresco or the Partners. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Wayfinder.
- You acknowledge that all right, title, and interest in and to the Wayfinder, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Wayfinder IP”), is, and at all times shall remain, the sole and exclusive property of Viresco, Green Analytics, or their licensors. The Wayfinder IP contains trade secrets and proprietary information owned by Viresco, Green Analytics or their licensors and is protected by copyright laws (and other laws relating to intellectual property). Except the right to use the Wayfinder, as expressly provided herein, this Agreement does not grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Wayfinder. You shall not attempt, or directly or indirectly allow any User that is using the Wayfinder on your behalf or authorized by you, or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Wayfinder in any form or media or by any means.
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Representations, Warranties and Limitation of Liability
- Viresco represents that: (i) it has the full right and authority to enter into, execute, and perform its obligations under these Terms, (ii) it has obtained all permissions, releases, rights or licenses required to grant the rights provided in and perform its obligations under these Terms, (iii) it is the owner of the Wayfinder, or the recipient of a valid license thereto, (iv) that it has and will maintain the full power and authority to grant the rights granted in these Terms without the further consent of any third party, and (v) that the Wayfinder does not infringe on the rights of any third party. Viresco’s representations in the preceding sentence do not apply to use of the Wayfinder in combination with hardware or software not provided by Viresco, or in a manner not authorized by Viresco under these Terms. In the event of a breach of the foregoing representation in subsection (v), Viresco, at its own expense, will promptly take the following actions: (vi) secure for you the right to continue using the infringing aspect of the Wayfinder; (vii) replace or modify the Wayfinder to make it non-infringing; or (viii) terminate the infringing features of the Wayfinder and refund to you any prepaid fees for such features, in proportion to the portion of the subscription period left after such termination. In conjunction with your right to terminate for breach where applicable and Viresco’s indemnification obligations hereunder, the preceding sentence states Viresco’s sole obligation and liability, and your sole remedy, for breach of the representation in the foregoing subsection (v) and for potential or actual intellectual property infringement.
- Except to the extent set forth in the preceding paragraph, you accept the Wayfinder “AS IS” and as available, with no representation or warranty of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or any implied warranty arising from statute or otherwise, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Viresco does not warrant that your use of the Wayfinder will be uninterrupted or error-free.
- Viresco, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Wayfinder; (ii) your inability to access or use the Wayfinder; (iii) any conduct or content of any third-party on or related to the Wayfinder; (iv) any content obtained from or through the Wayfinder; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 18 is an essential part of the Terms.
- To the maximum extent permitted by applicable law, in no event shall Viresco be liable for any special, incidental, indirect, consequential, punitive, exemplary or damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the services, whether based upon contract, warranty, tort, negligence, strict liability or otherwise, even if Viresco has been advised of the possibility of such damages. In any event, under no circumstances shall Viresco be liable for any loss, costs, expenses, or damages to you in an amount exceeding the Subscription Fees actually paid to Viresco by you for the twelve (12) months preceding a claim.
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Indemnification
You agree to indemnify, defend and hold harmless Viresco, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any third party claims, losses, damages, losses, obligations, costs, actions or demands, including reasonable legal and accounting fees, to the extent caused by or attributable to: (i) your use of the Wayfinder, (ii) your breach of any of these Terms, (iii) anything you post on or upload to the Wayfinder, and (iv) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Wayfinder using your account whether such access is obtained via fraudulent or illegal means.
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Release
Viresco provides a service through which people can access information they need related to the carbon industry. However, Viresco could not function if it were held responsible for the actions or inactions of you, individuals and/or third parties both on and off the Wayfinder. Therefore, for Viresco permitting you to access and use the Wayfinder, you hereby release Viresco, and its affiliates and subsidiaries, and each of its respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Wayfinder or Content contained within the Wayfinder.
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Non-Waiver of rights
If you breach any of these Terms and Viresco chooses not to immediately act, or chooses not to act at all, Viresco will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Viresco does not waive any of its rights. Viresco shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
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General
- Governing Law. These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
- Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
- Entire Agreement. These Terms, in conjunction with all policies and guidelines on the Wayfinder (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Viresco Solutions Inc. and supersede all prior communications, agreements and understandings, written or oral, with respect to the Wayfinder.
- Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be sent to the addresses listed on the Wayfinder, either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested.
- Force Majeure. Viresco will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond Viresco’s reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a utility service or transport or telecommunications network.
- Survival. Any provision within these Terms that, by its nature, is intended to survive the termination of this Agreement, shall survive the termination of this Agreement.
- Further Assurances. The parties hereby covenant that they shall from time to time and at all times hereafter do and perform all such acts and things and execute all such deeds, documents and writings as may be required to give effect to the true intent of this Agreement.
- No Assignment. Neither party may assign this Agreement or its obligations hereunder without the prior written consent of the other party. The respective rights and obligations provided in this Agreement will bind and inure to the benefit of the parties, their legal representatives, officers, directors, and employees, and successors and permitted assigns.
- Entire Agreement. This Agreement, including the Terms of Service and the Privacy Policy, represent the entire agreement between the parties and supersede any prior understandings or agreements whether written or oral between the parties respecting the subject matter herein. This Agreement may only be amended in a writing executed by both parties
- Inurement. Subject to the other provisions of this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties and their respective affiliates, subsidiaries, heirs, executors, administrators, successors and permitted assigns
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Contact us
We value your use of the Wayfinder and welcome any questions or comments you might have about the Wayfinder, these Terms, or any of the products or services offered by Viresco. Please refer to the Contact section of the Viresco website contact page for phone, email addresses and other ways to contact us.
Viresco Solutions Inc. Privacy Policy
Last Updated: May 7, 2024
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ABOUT THIS POLICY
This Privacy Policy will change periodically to comply with privacy law requirements. If the changes are significant, we will provide notice. We at Viresco Solutions Inc. (“Viresco”, “us,” “our”, or “we”) are committed to protecting the privacy of individuals who visit our website(s) (“visitors”), and individuals who subscribe to use our services (“clients”). This Privacy Policy describes our practices related to the foregoing personal data. We recommend that you read this Privacy Policy to ensure you are fully informed about the types of personal data we collect, why and how we collect, use, and protect it, how it is disclosed, where it is stored, and to ensure you are fully informed about your rights relating to any of your data. Residents of Canada and international residents, please also refer to the specific sections directed to you in this Privacy Policy to learn more about your privacy rights. If you wish to access a particular section of this Privacy Policy, please click on the links below:
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PRIVACY PRACTICES
How We Collect
Viresco collects personal data from you directly when you express an interest in obtaining additional information about our services, register to use the services, register or log in to your account, create or edit your user profile, contact Viresco’s customer support team, comment on our blogs or in community forums, or when you interact with us in any form.
What We Collect
- Personal Information. When you register an account with us, we may collect personal information from you, such as your first and last name, title, name of business and address. If you are seeking customer support, you will also be asked to create a login as well as a password for your account.
- Business Contacts. When you access and use our services, we may also collect information about the business contacts that you upload into your account.
- IP Address. We may collect the IP address of your computer in order to enable us to detect unauthorized transactions, better manage website traffic, and to gather other analytics on our website.
How We Use Your Personal Data
We use your personal data to:
- respond to your inquiries about our services,
- maintain a commercial relationship with you and to communicate with you (which communication may include account verification, and discussions pertaining to your needs and preferences),
- market features and products and provide you with newsletters, promotional materials and information about events, and other information that may be of interest to you, including to deliver tailored content and targeted advertising,
- provide content updates that are relevant to your use of the products and services,
- generate analytics for the improvement of the website and services,
- administer, maintain, manage and improve our website, services and products, and internal operations, including to fix problems individuals may have with our services, such as answering support questions and resolving technical issues,
- manage the services platform (including support systems and security),
- analyze, research and improve our products, business, services, and websites including to create and review data about our users and how they use our services,
- test changes in our services and develop new features and products,
- comply with our legal obligations to establish, exercise, or defend legal claims, and to monitoring, and reporting compliance issues, records retention periods,
- prevent, investigate and respond to fraud, unauthorized access to or use of our services, breaches of terms and policies, or other wrongful behavior, and
- disclose as permitted or required by law, or as otherwise specified at the time of collection.
Cookies and Related Technologies
We and our service providers and third parties, use, or intend to use, cookies, which are text files containing small amounts of information that are downloaded on your device, and related technologies such as web beacons, local shared objects, and tracking pixels to store or collect information for the purposes mentioned in this Privacy Policy including targeted advertising, monitoring performance, analytics, and improving our services and website.
Our website uses both session cookies (used to maintain authentication while clients are using our products) and advertising cookies (that help us serve you tailored ads). For more information on cookies, click here: http://www.allaboutcookies.org/.
Ads for Our Products and services. We may also use third party services, such as Google, to serve tailored ads about our products and services to you on our services and elsewhere. We allow these third parties to use and access their own cookies on your computer or other device(s) you use to access our services. We do not have access to these cookies or related technologies, and this Privacy Policy does not govern the use of those cookies and related technologies.
How You Can Opt-Out of Cookies and Related Technology
You may opt out of our use of cookies and other related technology as follows:
- Cookies and Other Related Technology. You can decline cookies through your browser settings. However, if you decline cookies, you may not be able to use some parts of our services.
- Geolocation Information. If you do not want us to see your device location, you can turn off location sharing on your device, change your device privacy settings, or decline to share location on your browser.
- Google Opt-Out – To opt out of Google Analytics, please see https://tools.google.com/dlpage/gaoptout/. To opt out of Google Ads, please see https://safety.google/intl/en/privacy/ads-and-data/.
- Digital Advertising Alliance — You can also opt out from companies like Google and other participating companies through the Digital Advertising Alliance in the USA: http://www.aboutads.info/choices/. You can also opt out of participating companies from the Digital Advertising Alliance of Canada in Canada: https://youradchoices.ca/ or opt out using your mobile device settings.
In addition, all marketing and content update messages we send contain an “unsubscribe” link in the email message. You may opt-out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contact us at the contact information at the bottom of this Privacy Policy. Please note that we may send one message to confirm your opt out request. Transactional or business relationship messages may continue after you opt out of marketing messages.
Circumstances in Which We Share Personal Data
We do not rent, trade, or share personal information with third parties, except to provide our services, which you requested, when we have your permission, or under the following circumstances:
- We use third parties for credit card processing, which parties are prohibited from using your personally identifiable information for promotional purposes.
- We may export data at your request to our third-party integration partners.
- We may share your aggregate anonymous information with third parties to improve the website and services or for marketing purposes.
- We may share your information with third party contractors such as developers, support administrators, designers, data analysts, and network technicians to maintain and improve the services.
- We may share your information with third party vendors, who help to manage and store data uploaded to Viresco, or to support and improve the services.
- We may share your personal information if required by law and if we believe that the disclosure is required or necessary to protect our rights and/or comply with a judicial processing or legal process served on us.
- We may share personal information if we believe that it is required to investigate, prevent, or take action regarding illegal activities, suspected fraud, a potential threat to the physical safety of a third party, or as otherwise required by law.
- We may transfer personal information to a third-party entity in the event of an assignment of this website or an acquisition of Viresco, for any reason. You will be notified via email of any such change in ownership or control of personal information.
- We may share personal information with our legal, financial, and other professional advisors.
We may share personal information with third parties upon receiving your consent, as required by law.
How Long We Keep Personal Data
For visitors to our websites, we retain your personal data to allow you to return to our websites and be recognized. For “clients”, we retain personal data for as long as the account is open, unless a longer retention period is required by law.
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YOUR RIGHTS
You have the following rights with respect to your personal information:
- Right to Access – You may request to have access to the personal data we have relating to you. We will reply within 30 days either to provide you your information if we have it, or let you know we do not, or if we have it but are not allowed to provide you access, for example if doing so would violate the privacy of another individual, we will provide you with justification.
- Right to Correct – If you find your information is inaccurate, you may have it corrected.
- Right to Withdraw Consent – If consent was a basis of collection of your personal information and you no longer consent to us retaining and using your personal data, you may request to have it deleted. We will do so immediately, unless legal requirements (for example, tax law in relation to clients) impose retention periods.
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HOW WE PROTECT PERSONAL DATA
To keep your personal data safe, we use appropriate security safeguards to provide necessary protection. These include physical measures (e.g., restricting access to offices, and alarm systems), up-to-date technological tools (e.g., passwords, encryption, firewalls and security patches), and organizational controls (e.g., security clearances, limiting access, staff training, and agreements). We apply these measures, tools, and controls based on the sensitivity of the information we collect, use, and store, and the current state of technology. While we make considerable efforts to protect our information systems, no data security measures can guarantee 100% security. We will never initiate a request for personal information by email or pop-up window. If you receive a request by email or pop-up window that appears to be originating from Viresco, please do not respond and notify us at the contact information under “QUESTIONS?” below.
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NOTICE TO CANADIAN RESIDENTS
All the personal data we collect directly from consumers, whether on our websites, apps or through our services, is through consent. All the personal data that we collect from other sources as disclosed in this Privacy Policy is with the assurance that the individuals have provided consent for that sharing of their personal data.
Your Privacy Rights. You may ask us to take the following actions with respect to your personal information:
- access your personal information;
- verify or correct inaccuracies in your personal information;
- where you have provided your consent to the collection, use and transfer of your personal information, withdraw your consent under certain circumstances.
You may submit these requests by email to info@virescosolutions.com. We may require specific information from you to help us verify your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to any legal or regulatory restrictions on disclosing this information. Please note, if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
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NOTICE TO INTERNATIONAL RESIDENTS
If you are accessing our website or the services from the European Union, Asia, South America, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States or Canadian laws (such as the General Data Protection Regulation, or “GDPR”), please be advised that through your continued use of our website and services, you will be transferring your personal information into the United States and you consent to that transfer. If you have a complaint against us relating to our use of personal information and you are accessing the website or our services from the EU, you may lodge a complaint with a supervisory authority competent for your country or region or where an alleged infringement of applicable data protection law occurs.
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EXTERNAL LINKS AND THIRD-PARTY WEBSITES
This Privacy Policy does not apply to any third-party websites and apps that you may use, including any linked to our services and website. Please note that such websites have their own privacy policies that are different from ours, and you should review their privacy policies to understand the privacy practices of their services before clicking on any links or submitting any personal data to such third parties. We are not responsible for any transactions that occur between you and a third-party website.
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CHILDREN’S PRIVACY
Our website, apps and services are not designed for and are not marketed to people under the age of 16 (“minors”). We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our services. If you are a minor, please do not use our services or send us your information. We delete information that we learn is collected from a minor without verified parental consent. Please contact us at info@virescosolutions.com if you believe we might have information from or about a minor.
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CHANGES TO THE PRIVACY POLICY
We reserve the right to update or modify this Privacy Policy from time to time at our discretion. We will indicate changes to this Privacy Policy by updating the “Effective Date” at the beginning of the Privacy Policy. Please review this Privacy Policy periodically and especially before you provide any personal information to us. Your continued use of our Services after any update will constitute your acceptance of our changes.
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QUESTIONS?
For questions, concerns, or complaints regarding our data handling practices, compliance with laws or this Privacy Policy, please contact us via email at info@virescosolutions.com.