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.