Terms & Conditions
 

By accessing, visiting, or otherwise utilizing the PositiveClimateCare.com (PositiveClimateCare.com) web site (the "Site"), you agree to adhere to the following terms and conditions by clicking on the I Accept, I Agree or other similar phrases, button. You represent that you have read and understand each of the terms and conditions described below and agree that these terms and conditions apply to your use of the Site. If you do not agree to accept the following terms and conditions, you may not conduct any business over our Site, use the Site, or register as a Registered Member.

It is important that you read these terms and conditions carefully. Any business that you conduct over our Site, and your use of our Site, is subject to these terms and conditions.

Definitions

Affiliate or affiliation means an entity controlled by, controlling or under common control of the relevant party.
Authorized person means, in the case of a username that is provided to a corporation or other entity, any officer or agent who is authorized to act on behalf of the corporation or entity.
Hyperlinks are highlighted words or pictures within a hypertext document that when clicked take a User to another place within the document, to another document, or another web site, typically operated by a party that is not an Affiliate of PositiveClimateCare.com.
Information means all information transmitted over the Site and shall include Market Data and news.
Market Data means last sale prices, bids, offers, information related to those prices, bids and offers and other similar financial or transactional information provided to a User.
Marketing Partners means those entities providing products and services through PositiveClimateCare.com.
Registered Members means any User who has registered with PositiveClimateCare.com. Currently, this includes those Users described as an Executive Trader, Trader, Subscriber, or Virtual Trader within PositiveClimateCare.com's membership registration process and other titles which may be added at a future date.
Site means the PositiveClimateCare.com web site.
Trade Request means the form completed by Users, which provides details as to their bid or offer to buy or sell emission reductions in whatever form (including derivatives) through PositiveClimateCare.com.
Trading Floor means that portion of the Site which includes Market Data and information concerning the trading or exchange, the simulation of the trading or exchange, and the portfolio management, of emission reductions.
User, you or your means any person accessing, browsing, utilizing, or participating in the use, of the Site either manually or via an automated device or program.
User Codes means collectively the usernames and passwords designated for your use on our Site.

No Warranties and Limitation of Liability

ACCESS TO THE SITE, AND ALL INFORMATION AND CONTENT, IS PROVIDED "AS IS" POSITIVECLIMATECARE.COM MAKES NO WARRANTIES (EXPRESS OR IMPLIED), REPRESENTATIONS, OR GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRIGEMENT OR OTHERWISE WITH RESPECT TO THE SITE, ITS CONTENT, ANY DOCUMENTATION OR ANY HARDWARE OR SOFTWARE PROVIDED BY POSITIVECLIMATECARE.COM. TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN OPERATION, FUNCTIONALITY, AVAILABILITY, OR CONNECTION WITH THE SITE. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, THE COMPLETE DISCLOSURE OF ANY AND ALL INFORMATION PROVIDED BY YOU TO US TO THE PUBLIC, FAILURES, DELAYS, MALFUNCTIONS, SOFTWARE EROSION OR HARDWARE DAMAGE. THESE DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IN NO EVENT WILL POSITIVECLIMATECARE.COM., ITS AFFILIATES, ITS VENDORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY POSSIBLE LOSS, COST OR DAMAGE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE SITE OR OTHERWISE. FURTHER, THERE WILL NO LIABILITY TO YOU WITH RESPECT TO THE SERVICES, CONTENT, SITE OR ANY SOFTWARE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LIABILITY (I) FOR ANY DELAY OR FAILURE TO COMPLETE A REQUEST, ORDER, OR TRADE, OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, COST OF COVER, OR OTHER INDIRECT LOSS OR DAMAGE, EVEN IF POSITIVECLIMATECARE.COM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.