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Our Lawyers Made Us Do It

Energy Boneyard - Terms of Use

    • Terms of use

    The following Terms (together with any documents referred to in them and collectively referred to as these "Terms") apply to Your use of www.energyboneyard.com ("Website") and any User Content (as defined below), functionality and services offered on or through the Website and any future software applications, (collectively referred to as the "Service").

    ENERGY BONEYARD is an on-line interactive directory and allows individuals and businesses to engage on an on-line dialogue to share information about the energy industry. Amongst other features, individuals can post reviews, ratings, photographs and comments, and businesses can advertise and market their products/services, post jobs, post events, upload videos, tips, links, respond to consumer reviews, comments and offer discounts and specials on the Website.

    Please read these Terms carefully as they constitute a binding, enforceable legal agreement once You register, access, and use the Service.

    ENERGY BONEYARD is owned and operated by ENERGY BONEYARD CORPORATION, an Alberta corporation ("We". "Us" or "Our").

    "You" are either an individual or business using this Service (also referred to as "Your"). If You sign up for the Service on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on their behalf.

    ENERGY BONEYARD is based in the province of Alberta in Canada. We provide this Service for use for users around the World ("Territory"). We make no claims that the Service or any of its content is accessible or appropriate in the Territory. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service You do so on Your own initiative and are responsible for compliance with local laws.

    These Terms are binding and enforceable when You access our Website and/or register for the Service and continue as long as You are accessing our Website and/or use the Service.

    These Terms and any Additional Terms below (collectively referred to as the "Terms") will be updated and revised from time to time in Our sole discretion without further notice to You, and the amended Terms will be posted on this page and dated. Your continued use of the Service means that You accept and agree to the changes as they occur. If You do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.

    These Terms constitute the complete agreement between You and ENERGY BONEYARD, and Your rights/obligations toward other users of our Website. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.

    • A. Use of Service

    You agree to use the Service only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

    You must be at least 13 years of age to use the Service. Use of the Service is void where prohibited.

    You and others may use many features of the Service without becoming a registered user, however, certain portions of the Service may be secured or otherwise protected from access except for authorized users with valid login and password information. Unregistered users of the Website may be able to view Content you post as a registered user.

    You may register and upon providing the requested information, may gain access to additional features of the Service. Individuals without authorization attempting to access these portions of the Service may be subject to prosecution.

    Whether or not You are a registered user, no right, title or interest in or to the Service or any content on Website or is owned by You or transferred to You.

    We may contain links to third-party websites, advertisers, or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. If You access a third party website from our Website, You do so at Your own risk, and You understand that our Terms do not apply to Your use of such sites. You expressly release Us from any and all liability arising from Your use of any third-party website or services or third party owned content, and your dealings with such third parties.

    • B. User Registration and Accessing the Service

    You will need to register with and create an "Account" ("Account") in order to use all features of the Service and to be able to post Content, including without limitation to claim Your business' listing on the Service. Use of any personal information You provide to Us during the account creation process is governed by our Privacy Policy. You are entirely responsible for maintaining the confidentiality and security of Your account and You are responsible for all changes and updates submitted through Your account and all activities that occur in connection with Your account.

    You agree to notify Us immediately of any unauthorized use of Your account by emailing Us at
    ________________________

    In creating an account and/or claiming Your business' listing, You represent to Us that you have the authority to do so, and that all information provided to Us in such process is true, accurate and correct. If You are creating an account or claiming a listing on behalf of a business, then You represent to Us that You are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than Your own, nor can You create multiple accounts or business listings except as otherwise authorized by Us, or provide or use false information to obtain access to a business' listing on the Service that You are not legally entitled to claim. You acknowledge that any false claiming of a business may cause ENERGY BONEYARD or third parties to incur substantial economic damages and losses for which You will be held accountable.

    Your Account gives You access to the Service and functionality that We may establish in Our sole discretion and maintain from time to time.

    In order to register for the Service You must:
    • be at least thirteen (13) years old;
    • complete the registration process;
    • provide true, complete, and up to date contact information;

    To access the Service You must create a user name, password or any other piece of information as part of Our security procedures; including but not limited to:
    • You must treat such information as confidential;
    • You must not disclose it to any third party;
    • You must notify Us immediately of any breach of security or unauthorized use of Your Account and We shall not be liable for Your losses caused by any unauthorized use of Your Account, You shall be liable for all of Our losses of or others due to such unauthorized Use; and

    You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. We have the right to disable any user identification code or password, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including, if in Our opinion, You have failed to comply with any provision of these Terms.

    • C. Term

    Clicking the button and entering Your username means that You've officially "signed" the Terms and the Term of this agreement has commenced.

    • D. Your Content

    You own all content You submit to the Service, including but not limited to account and profile information, reviews, images, messages, and any other materials ("Your Content"). By submitting Your Content You grant Us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Service and third party websites, mobile applications and other platforms who obtained Your Content from Us ("Third Party Service") the same right You have granted to Us herein to use Your Content in connection with their use of the Service and Third Party Service. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Service, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Us, any Third Party Service and our and their users.

    You are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable. You may be held liable for Your Content.

    In submitting Your Content to Us, You represent that:
    • You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
    • Use of Your Content by Us, Third Party Service and our and their users will not violate or infringe any right of yours or any third party.

    With regard to Your Content which is images, You agree that at least one of the following is met:
    • You have taken the photograph or created the artwork being submitted;
    • You own the rights to the image; or
    • You have explicit permission from the rights-holder to submit such image or artwork for use on our Service and Third Party Service and to grant the rights You have granted herein.

    We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to You under any circumstances.

    • E. Our Content

    We are the sole and exclusive copyright owners of the Service and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with Your account and all other elements and components of the Service excluding Your Content and third party content ("Our Content"). We also exclusively own or license the Intellectual Property rights associated with the Service and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by Us. Except as otherwise expressly granted to You in writing, we do not grant You any other express or implied right or license to the Service, Our Content or our IP Rights.

    • F. No Endorsement of Content

    Some of the content available through the Service may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Service. We do not screen or investigate third party material before or after including them on our Service. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Service. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Service, but shall not be liable for any delay or inaccuracies related to such updates.

    Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Service are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from Your reliance or use of the Service, any Third Party Service or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

    • G. Prohibited Use and Content

    You shall not Use the Service for:
    • Pornography or other sexually explicit communications:
    • Emails offering to sell illegal goods or services :
    • Emails that violate CAN-SPAM Laws
    • Escort and dating services :
    • Licensed pharmaceutical products :
    • Work from home, make money on online, and lead generation opportunities :
    • Online trading, day trading tips, or stock market-related content :
    • Multi-level marketing :
    • Mortgages and loans :
    • Adult novelty items or references :
    • List brokers or list rental services:
    • unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable postings or use; material that violates the standards of good taste or the standards of the Service;:
    • Violation of any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;:
    • Accusation of others for illegal activity, or describe physical confrontations;:
    • material that is illegal, or that violates any federal, state, or local law or regulation;:
    • language or images intended to impersonate another person;:
    • Disguise or attempt to disguise the origin of Your Content;:
    • a form of deceptive advertisement or cause, or be a result of, a conflict of interest;:
    • Assert or imply that Your Content is in any way sponsored or endorsed by Us; or:
    • Contain material that is not in English;:
    • Dishonest or malicious reviews;

    You shall not:
    • use, copy, modify, or prepare derivative works of the Website or any part thereof;
    • distribute, re-distribute, lease, sublicense, encumber, lend, give, transfer, assign or otherwise make all or any port on of the Website available to any third party, except as expressly authorized in this Agreement;
    • reverse engineer, decompile or disassemble the Website or cause or allow discovery of the source code of the Website or attempt to do so, except to the extent the foregoing restriction is expressly prohibited by applicable laws;
    • attempt to modify the Website or derive its source code;
    • create any programming code, scripts or application that will attempt to access Website interfaces and stored data;
    • send anything offensive, promote anything illegal, or harass anyone through the Service;
    • Use the Service for illegal or unauthorized uses;
    • Impersonate any person or entity;
    • "Stalk" or harass other users or persons;
    • Harm minors in any way;
    • Falsely state or misrepresent Your affiliation with another person or entity;
    • Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
    • Access or use the account of another user without permission;
    • engage in any irresponsible email marketing of any kind whatsoever;
    • alter or modify any part of the Service;
    • use the Service in a way that violates any laws or regulations.
    • use the Service for anything purpose other than its Purpose;
    • send unsolicited bulk email;
    • use any device, software or routine to interfere or attempt to interfere with the proper operation of the Service.

    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," and the like or any manual process that accesses the Service in a manner:
    • that sends more request messages to the Our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
    • transmission, or procurement the sending of, any mass advertising or direct solicitation material.
    • impersonating or attempting to impersonate Us, any of our employees, another user, or another person or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing).
    • Distribution unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purposes;

    Additionally, You agree not to Use
    • the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
    • for any other unauthorized purpose
    • any device, Service or routine that interferes with the proper working of the Service.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
    • attack the Service via a denial-of-service attack or a distributed denial-of- service attack or otherwise attempt to interfere with the proper working of the Service.

    • H. Terminating Your Account

    We may refuse Member registration, close Your Account, and change eligibility requirements at any time, furthermore:

    You are solely responsible for Your interactions with Your Customers and the Use of the Service. In the event of disputes with Your Customers, we reserve the right to terminate Your Account without further notice to You and without any refund to You of any fees.

    We may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the Service without notice and liability, if, in Our sole determination, You violate any of the Agreement, including the following prohibited actions herein.

    You or We may terminate these Terms at any time and for any reason by giving ten (10) days written notice to the other party by email.

    Once terminated, we may permanently delete Your Account and all the Content associated with it.

    • I. Intellectual Property Rights

    "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    You shall respect our proprietary rights in the Service and the Website. The Service and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Us, our licensors or other providers of such material and are protected by Canadian, American and international copyright, trademark, patent, trade secret and other Intellectual Property Rights and/or proprietary rights laws.

    Certain names, words, titles, phrases, logos, icons, graphics, domain names, or designs, or other content on this Website, are trade-marks or trade names owned by or used under license by ENERGY BONEYARD. All trade-marks of ENERGY BONEYARD, are marked with either the TM or ® symbol.

    All content on this Website is the subject of copyright protection and may not be used except for the Purpose. We do not provide any warranties and do not make any representations as to the accuracy of the content of the Website. We assume no liability or responsibility for errors or omissions on this Website. Without notice, We may change the content, or change its products and/or services. The web content may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purpose other than expressly licensed to You in these Terms.

    We may at any time in our sole discretion (i) move, edit, delete, or destroy any materials that You provide or deliver; (ii) access, preserve, or disclose in accordance with our Privacy Policy any materials that You provide or deliver including information that may be collected from You from Your web browser or mobile device; (iii) suspend or terminate Your access to and use of the Service or any of their features in response to a breach of these Terms, or for any or no reason; or (iv) take any other action available at law in response to a breach of these Terms.

    • J. Privacy and Security

    Please click here to review our Privacy Policy for details on information we may collect about You and the software(s) and hardware(s) You are using, including without limitation, location information that may be collected as a result of Your use of the Service through a Mobile Device. It is important that You read and understand the terms of our Privacy Policy.

    We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect Your personal information and conduct our business. However, we do not guarantee the security of the Service, our records, Your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on Your computer.

    • K. Disclaimer of Warranties

    YOU BEAR THE ENTIRE RISK OF USING THE SERVICE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE SERVICE. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE SERVICE. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE SERVICE AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

    WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR SERVICE WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE.

    WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES WITH RESPECT TO ANY COMMERCE CONDUCTED ON THE WEBSITE. ANY EXCHANGE OF MONETARY FUNDS, EQUIPMENT, MATERIALS OR SERVICES IS AT THE PROVIDER AND PURCHASER'S SOLE RISK AND LIABILITY.

    • L. Limitation of Liability

    UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE SERVICE.

    • M. Indemnity

    You agree to indemnify, defend, and hold harmless Us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) Your unauthorized use of the Service, or products or services included or advertised in the Service; or (iii) Your breach of these Terms.

    • N. Content Fees

    Content, messaging, or other ISP and carrier fees may apply in Your use of the Service on any mobile device or format and You are solely liable and responsible for any such fees.

    • O. Your Representations and Warranties

    You represent and warrant that:
    • Your Use of the Service shall comply with all applicable laws and regulations.
    • You are responsible for determining whether Our Services are suitable for You to use in light of any legislation and regulations like privacy legislation, data use, and/or other laws;
    • You comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where You are using the Service and that You collect, store, use, and transfer all Content and User Content relating to any Customer in

    • P. Governing Law and Courts

    Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the applicable provincial and federal legislation in the Courts of Alberta in the City of Calgary, without giving effect to any choice or conflict of law provision or rule. You waive any and all objections to the exercise of jurisdiction over You other courts and to venue in such courts.

    • Q. Force Majeure

    We shall not be held liable for any delays or failure in performance of any part of the Service, from any cause and/or from any beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

    • R. Severability and Waiver

    If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of will continue in full force and effect. Further, Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

    • S. Amendments

    Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. Additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms shall be incorporated into these Terms whenever You access and use the Service. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall take precedence.

    • T. Notices

    By providing Us Your email address You consent to our use of that email address to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of many Service-related communications by going to Your "Settings" on the Website. We may also use Your email address to send You other messages, including invitations to join the Service as a Member, changes to features of the Service, events, and special offers.

    One of the features of the Service is that Members may opt to allow other Members to send them emails and notifications of special offers, events and notifications, You must go to Your Account Settings in order to opt into this feature.

    If You do not want to receive such email messages, You may opt out by changing the preferences in Your Account Settings. Opting out may prevent You from receiving email messages regarding updates, improvements, events, or offers.

    Any notice to You will be effective when we send it to the last email or physical address You gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to Our legal counsel: legal@energyboneyard.com.

    • U. Entire Agreement

    These Terms, Our Privacy Policy, and any Additional Terms You have agreed to make up the entire agreement between us, govern Your Use of the Service, and are Our only obligations toward You, superseding all prior agreements (including but not limited to prior versions of these agreements).

    ADDITIONAL TERMS FOR BUSINESSES

    Business Content
    You may upload/input business information, your trade-marks, logos, specials, discounts and educational information ("Information") and by posting any Information on the Service, You expressly grant, and You represent and warrant that You have a right to grant to Us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Information and Your business name and trade-marks, as contained in Your Information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. Without limiting the foregoing, You further grant to We the right to use, reproduce, distribute, and license to others Your Information in any non-personally identifiable manner, in any manner of media whatsoever.

    You are solely responsible for Your Information that You upload, publish, display, link to or otherwise make available on the Service, and You agree that We are only acting as a passive conduit for Your communication and interaction with Your Customer and handling of the Information.

    You shall not facilitate Information that:
    • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
    • may create a risk of any other loss or damage to any person or property;
    • may constitute or contribute to a crime or tort;
    • contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
    • contains any information or content that is illegal;
    • contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or
    • contains any information or content that You know is not correct and current.

    You agree that any of Your Information shall not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy.

    We take no responsibility and assume no liability for any Information that You or any third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Information that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your Use of the Service, is solely Your responsibility.

    We are not responsible for any public display or misuse of Your Information. You understand and acknowledge that You or Your Customer may be exposed to Information that is inaccurate, offensive, indecent, or objectionable, and You agree that We shall not be liable for any damages You allege to incur as a result of such Information.

    We claim no intellectual property rights over the Your Information. Your profile and Information uploaded remain Your Intellectual Property. You represent and warrant that You own or control all rights in and to the Information and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of Your Information do and will comply with these Terms, and You agree to defend, indemnify and hold Us and its affiliates and licensors harmless for any breach of that representation and warranty, and You agree and acknowledge that We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the Service.

    Your Logo
    You may customize Your Account by uploading Your company logo ("Logo") and:
    • You grant a non-exclusive, royalty-free license to Us to publish Your Logo on the Service;
    • You warrant and represent that You own all rights to display, reproduce and distribute the Logo, including reprints, photographic reproduction, micro form, or any other reproductions of similar nature, and translations in any form of media in Canada;
    • that the Logo is original work and does not infringe on the copyright or other proprietary rights of any third party.

Energy Boneyard - Privacy Policy

    • PRIVACY POLICY

    ENERGY BONEYARD CORPORATION ("ENERGY BONEYARD") has corporate policies and procedures in place to ensure that personal information is handled in at least in accordance with all legal and business requirements, specifically, pursuant to the Personal Information Protection Act (PIPA) and Personal Information Protection and Electronic Documents Act of Canada (PIPEDA) where applicable.

    Such privacy legislation governs our collection, use and disclosure of Personal Information.

    This Policy is effective July 1, 2015 and ENERGY BONEYARD will review and revise its privacy policies and procedures as required from time to time, any amendments will be posted on the ENERGY BONEYARD Website. Any amendments will be implemented as soon as reasonably practical, and by continuing to access or use the www.energyboneyard.com website (Website) after those changes become effective, you agree to be bound by the revised Privacy Policy.

    This Privacy Policy applies to both individuals and businesses using our Website. Businesses using any of our business-specific features must abide by our Privacy Policy with respect to those features.

    This Privacy Policy only applies to our products, services, and Website. It DOES NOT apply to any other party, including any advertisers or entities appearing on our Website, charitable or other organizations we partner with, or links to other resources provided on our Website. This Privacy Policy DOES NOT apply to recommendations made by our employees for products and services not directly offered by us. These other entities may operate under different privacy practices which you have the sole responsibility of reviewing, ENERGY BONEYARD has no control over the information submitted to or collected by these other entities.

    • PERSONAL INFORMATION

    "Personal Information" is any information, recorded in any form, which can identify a specific individual either directly or by inference, including an individual's name, personal photographs, home address and phone number, age, sex, marital or family status, and financial information.

    Website reporting activity and tracking information which does not identify a specific individual, is not Personal Information.

    • COLLECTION

    We collect the following types of information:
    1. User Information: If you create an account on our Website, we may store and use your full name, email address, postal code and other information you may input such as gender, birthdate, occupation, and photograph.
    2. Content You Post on the Website: Anything you post on the public parts of the Website is intended for public consumption, including your reviews, tips, photos, check-ins, comments, likes. We may display this information on the Website, share it with businesses, and further distribute it to a wider audience through third party sites and services. If you write reviews about businesses with which you transact through the Website, we may publicly display the fact that you transacted with those businesses.
    3. Communications: When you sign up as a User you are opting in to receive communications from our other Website users, businesses, and our Website itself. You can manage your email preferences but note that you cannot opt out of receiving certain administrative or legal notices from our Website. If you exchange messages with others through the Website, we may store them in order to process and deliver them, allow you to manage them, and investigate possible wrongdoing in connection with the Website.
    4. Financial Information: If you make purchases through the Website, we may collect and store certain information about you to process your requests and populate forms for future transactions, such as your phone number, address, email, and credit card information. This information may be shared with third parties who help process and fulfill your requests. When you submit credit card numbers, we encrypt that information using industry standard technology.
    5. Website Activity: We may store information about your use of the Website, such as your search activity, the pages you view, the date and time of your visit, and the businesses you call using our mobile applications. We also may store information that your computer or mobile device provides to us in connection with your use of the Website, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.
    6. Cookies. We, and third parties with whom we partner, may use cookies, web beacons, local shared objects and similar technology in connection with your use of the Website and third party websites ("Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Website, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session. Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.
    7. User Surveys. We may periodically conduct both business and individual User surveys on a voluntary basis. We encourage our members to participate in these surveys because they provide us with important information that helps us improve the types of products and services we offer and how we provide them to our members. We may take the information we receive from individuals responding to our Surveys and combine, or aggregate, it with the responses from other members we may have, to create broader, more generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry, or other demographic information). We then use the aggregated information to improve the quality of our services to the members, and to develop new services and products. This aggregated, non-personally identifying information may be share with third parties.

    • USE & DISCLOSURE

    We may store the information you submit to or through the Website, as well as information we collect in connection with your use of the Website.

    We collect and use your Personal Information only with your knowledge and consent, for the following purposes, provide the Website's functionality, improve the Website's quality, personalize your experience, track usage of the Website, provide feedback to businesses that are listed on the Website, display relevant advertising, provide User support, message you, back up our systems and allow for disaster recovery, enhance the security of the Website, and comply with legal obligations. We also use Personal Information you provide to:
    1. Verify and confirm your identity;
    2. Provide our products and/or services;
    3. Communicate with you through any of e-mail, phone or letter, with respect to provision of products/services, or respond to any inquiries you may have;
    4. Conduct our operations and minimize our business risks; and
    5. Fulfill regulatory and legal obligations;

    If you do not agree with these terms and do not provide consent to us to collect the required Personal Information, we may not be able to provide you with certain products or services.

    We recognize and understand the sensitivity of your financial information, as such, we maintain strict confidentiality of your information. Further, we do not sell, trade, license, rent, lease, exchange or otherwise make available any of your financial information to third parties.

    Personal Information may also be subject to transfer to another organization in the event of a merger or change of ownership of all or part of ENERGY BONEYARD. This will occur only if the parties have entered into an agreement under which the collection, use and disclosure of the information is restricted to those purposes that relate to the business transaction, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.

    We may be required to disclose specific Personal Information your consent, when necessary to comply with law, to cooperate with law enforcement or to protect the interests, rights, privacy, property or safety of an identifiable person or group, or prevent fraud. In such event, we will inform you as quickly as reasonably practical.

    • RETENTION AND DESTRUCTION

    ENERGY BONEYARD keeps Personal Information only as long as it is required for the reasons it was collected for you to participate in our programs. The length of time we retain information varies, depending on the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date. When your Personal Information is no longer required for our purposes, we have procedures in place to destroy, delete, or erase it. Currently, the principal places in which ENERGY BONEYARD holds Personal Information is in its offices in Calgary.

    • CONFIDENTIALITY AND SECURITY

    ENERGY BONEYARD endeavors to maintain physical, procedural and technical security with respect to our possession of your Personal Information so as to prevent any loss, misuse, unauthorized access, disclosure, or modification following generally accepted Canadian industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. As there is no method of transmitting or storing information that is completely secure, we are committed to maintaining strict physical, electronic and procedural safeguards which comply with provincial and federal legislation to protect your Personal Information. The information we obtain from or about you may be processed and stored in Canada which may provide for different data protection rules than the country in which you reside.

    We use appropriate security measures when destroying personal information, including shredding paper records and permanently deleting electronic records.

    We protect personal information in a manner appropriate for the sensitivity of the information. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information.

    We make every reasonable effort to ensure that Personal Information is accurate and complete. We rely on you to notify us if there is a change to their personal information that may affect your relationship with us. If you are aware of an error in our information about you, please let us know and we will correct it on request wherever possible. In some cases we may ask for a written request for correction.

    Maintaining the integrity, security and confidentiality of Personal Information is a high priority. We also limit our employees' access to your Personal Information by authorizing only certain employees at any given time to those who need to know the Personal Information for us to provide the services that you request from us.

    We review and improve our security standards, practices and procedures as needed to protect against unauthorized access and use of the Personal Information.

    • EMPLOYEES/CONTRACTORS

    By applying to ENERGY BONEYARD for any position, including posted opportunities and unsolicited applications, you consent to the collection, use and necessary disclosure of the Worker Personal Information provided during the application and selection processes. Personal employee/contractor information is personal information about an employee or contractor which is collected, used or disclosed solely for the purposes of establishing, managing or terminating an employment relationship or a work relationship. Personal employee information may, in some circumstances, includes:
    • Contact information such as your name, home address, telephone number
    • a Social Insurance Number
    • Performance reviews
    • Salary and payroll information, bank deposit and tax information
    • Criminal background checks
    • your resume, reference information and interview notes
    • letters of offer and acceptance of employment, policy acknowledgement forms, background verification information, workplace performance evaluations, emergency contacts
    • Benefit information such as forms relating to applications or changes to health and insurance benefits including medical and dental care, life insurance (if applicable)

    We collect your Worker Personal Information in this process in order to assess your qualifications and suitability as a potential employee or contractor of ENERGY BONEYARD. This information will be reviewed only by ENERGY BONEYARD employees with hiring-related duties. In addition, it will become part of ENERGY BONEYARD's database of candidates, which we may search to locate qualified candidates for specific positions as they arise.

    Should you accept employment or a work engagement with ENERGY BONEYARD, your Personal Information will be disclosed to third party insurers and providers of employee benefits; to Canadian governmental authorities including the Canada Revenue Agency, to consultants advising ENERGY BONEYARD on employment, benefits and pension issues, to other ENERGY BONEYARD employees in human resources, payroll, or in management positions, and to our legal counsel if relevant in legal matters. We will also collect and use your Worker Personal Information for:
    • training and development requirements
    • performance and managing performance issues if they arise
    • Processing employee work-related claims
    • Complying with applicable laws (including Canada Income Tax Act, and Alberta Employment Standards Code)

    If you do not accept or are not offered a position with ENERGY BONEYARD, ENERGY BONEYARD may retain your personal information in our database for up to (1) year. You have the right to correct, update or delete your Worker Personal Information in and from our database at any time before accepting employment or an engagement with ENERGY BONEYARD. To delete your Worker Personal Information from our database, please send a request to our Privacy Officer at the contact information below.

    If you do accept a position with ENERGY BONEYARD, ENERGY BONEYARD will ask you for, collect and retain Worker Personal Information throughout your employment and for at least ten (10) years following the termination of your employment or engagement for any reason. Throughout that period, you have the right to request correction of any errors in the Worker Personal Information in ENERGY BONEYARD's possession. We do not sell, rent, or provide your Worker Personal Information collected through the application, recruitment and employment processes to any third party, although it may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy, of ENERGY BONEYARD. In such event, you will be notified whenever reasonably practical.

    References

    If we are contacted by other organizations and asked to provide a reference for you, it is our policy not to disclose personal information about our employees and contractors to other organizations who request references without your consent. The personal information we normally provide in a reference includes:
    • Confirmation that an individual was an employee or contractor, including the position, and date range of the employment or engagement; and
    • General information about an individual's job duties and information about the employee or contractor's ability to perform job duties and success in the employment or volunteer relationship.

    • QUESTIONS/CONCERNS/COMMENTS AND ACCESS TO YOUR INFORMATION

    If you have any questions or concerns about this Privacy Policy, the collection, use, management, disclosure of Personal Information or Worker Personal Information, or wish to access to your Personal Information or Worker Personal Information in the possession of ENERGY BONEYARD, please put your request in writing, and send it by e-mail to: legal@energyboneyard.com, and include: "Privacy" in the subject line.

    Our Privacy Officer will respond your inquiry within 30 days of receiving your written request.

    If you contact us, you may be providing us with some personal information including your name, e-mail and perhaps information about your personal circumstances. This information is only used to process and respond to your question or comment, and is collected in compliance with this Privacy Policy and privacy legislation. This information is not disclosed except to authorized individuals who need it to answer your question(s) and for no other purpose. We retain the right to charge you a reasonable fee for the retrieval and/or copying of your Personal Information, if the fees are extensive, we will advise you prior to incurring the fees.

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