These Terms of Use together with the Privacy Policy contain the complete terms and conditions that apply to your use of the Consolidated Energy Solutions Inc. (“CES”) website (the “CES Site”). Please read these terms of use carefully before you start to use the CES Site. By using the CES Site, you indicate that you consent to these Terms of Use as well as the CES Site’s Privacy Policy. If you do not agree with these Terms of Use or the Privacy Policy, please refrain from using the CES Site.

CES reserves the right to change, modify, or otherwise amend these Terms of Use and the Privacy Policy at any time. Such amendment shall become effective immediately upon the posting thereof. Please review this page periodically as your continued use of the CES Site constitutes your acceptance of the amended terms of use and privacy policy.

Use of the CES Site Login

When you use the Login feature of the CES Site, you agree to provide CES with accurate, complete, and valid account information, including but not limited to, your name, your email address, and your phone number [etc.].

You shall notify CES of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Failure to do so shall represent a breach of these Terms of Use, which may result in the immediate termination of your account.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at CES’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

CES’s Intellectual Property Rights

The materials and services provided for and illustrated on the CES Site are protected by copyright, trademark and other intellectual property rights, and are presented to you solely for the purpose of using the CES Site. As a user, you are not to copy, display, modify, create derivative works of, publish, or sell the information, software, or services provided herein. No right or interest in any intellectual property of CES is granted under these Terms of Use.

Disclaimer of Warranties

THE CES SITE, AND ANY CONTENT, INFORMATION, OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION AND ACCURACY, ALL OF WHICH CES EXPRESSLY DISCLAIMS.

CES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

CES IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THE CES SITE AND ITS CONTENTS; (B) ANY DELAYS, INTERRUPTIONS, COMMUNICATION LINE FAILURES, DEFECTS IN THE USE OF THE CES SITE AND CES SERVICES; AND (C) COMPUTER VIRUSES, THEFT, UNAUTHORISED ACCESS TO, ALTERATION OF RECORDS, PROGRAMS OR FILES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE CES SITE.

Governing Law

These Terms of Use and Privacy Policy shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting CES’s confidential information or intellectual property rights, in the event that any dispute shall occur or any question shall arise between you and CES regarding the interpretation of any of the provisions of these Terms of Use and Privacy Policy, or any dispute resulting from the CES Site or CES Services, shall be resolved by arbitration by one arbitrator pursuant to the Arbitrations Act, 1991 (Ontario) and the decision shall be final and binding. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein. Each party shall bear the burden of its own legal fees incurred in connection with any arbitration proceedings.

Accessibility

CES, Inc. strives to provide its goods and services in a manner accessible to all customers, including customers with disabilities.  Accordingly, CES, Inc. has implemented a policy governing how it will provide accessible goods and services.  A copy of this policy, CES’s procedures for receiving and responding to feedback about how it provides goods and services to persons with disabilities and any other documentation required by the Customer Service Standards can be requested by contacting Myra Moskoff (contact information provided below).  This documentation will be provided in an accessible format upon request.

Click here for a copy of the CES, Inc. accessibility policy.

Contact Information

If you have any questions or concerns regarding these Terms of Use, please contact:
Email: privacy@cesinc.ca
Address: Consolidated Energy Solutions Inc., 1920 Yonge St., Suite 200, Toronto, Ontario, Canada, M4S 3E2.

General Contract Provisions

These Terms of Use and the Privacy Policy constitute the entire agreement between you and CES with respect to the subject matter herein contemplated and cancels and supersedes any prior understanding, negotiations and discussions, written or oral. The section headings used herein are for convenience only and shall be of no legal force or effect. Any provision of the Terms of Use and Privacy Policy which is found to be invalid or null, shall not affect the remaining provisions herein, which shall continue to have full effect and shall be interpreted as if such invalid or nullified clause had never been written.