Terms and Conditions

TERMS OF USE

(Effective May 8, 2008)

YOU SHOULD READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

These Terms of Use ( the "Terms of Use") govern your rights and responsibilities concerning your use of the website and all webpages provided by Sustainable Carbon Company ("Sustainable Carbon") under the internet address www.sustainablecarbon.com (the "Website").  BY CONTINUING TO ACCESS OR USE THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE. Sustainable Carbon Company reserves the right to modify these Terms of Use at any time, so you should review these Terms of Use whenever accessing or using this website. By using the website after the posting of modifications to these Terms of Use, you signify your acceptance of such Terms of Use, as modified. You may not use this website if, at any time, you do not wish to accept these Terms of Use.

YOU MAY NOT USE THIS WEBSITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THESE TERMS OF USE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE WEBSITE.

Use  of the Website

The Website and the information and materials provided on the Website, including, without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, audio and video (collectively, "Content") are provided solely for informational purposes and their provision by Sustainable Carbon is not intended to, and shall not, constitute any offer or acceptance with the respect to any agreements, transactions or other matters (except for these Terms of Use). Except for these Terms of Use, your access to and use of the Website and Content shall not create any legal relationship between you and Sustainable Carbon.

Nothing set forth in the Website or Content should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. The Website and the Content may be changed or removed at any time by Sustainable Carbon without notice.  Sustainable Carbon reserves the right to suspend, terminate or restrict your access to or use of the Website at any time for any reason, at Sustainable Carbon’s sole and exclusive discretion.

Sustainable Carbondoes not intend the information provided on this Website to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sustainable Carbon to any registration requirement within such jurisdiction or country.

Disclaimer

THE WEBSITE AND THE CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS WEBSITE, OR NON-INFRINGEMENT. Although the information provided on the Website was obtained or compiled from sources believed to be reliable, Sustainable Carbon cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Sustainable Carbon does not warrant that the Website is compatible with your equipment or that the Website is free of errors, viruses or worms. All warranties, whether express or implied, are hereby excluded to the extent permitted by law.

Intellectual Property

The Website and the Content, and all rights of any kind  therein, are the exclusive property of Sustainable Carbon and/or its affiliates or licensors (collectively the Sustainable Carbon IP Owners), and is subject to legal protection under US and international law, including without limitation, intellectual property, copyright, trademark, unfair competition, trade secret and other laws. All trade and service names and marks displayed on the Website (including without limitation SUSTAINABLE CARBON and CANTORCO2E) are the property of the respective Sustainable Carbon IP Owners. All present and future rights in and to trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (the "Intellectual Property Rights") shall at all times be and remain the sole and exclusive property of the respective Sustainable Carbon IP Owners.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, post, create derivative works from, transmit or exploit, in any way or in any medium, all or any part of the website or content without Sustainable Carbon’s prior written consent.  You may not use any of the Sustainable Carbon IP owners’ trademarks, trade names or service marks in a manner that suggests that such names and marks belong to or are associated with you without the Sustainable Carbon IP owner's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the website. You may not use the web site to compile a collection of listings, including a competing listing product or service

You agree to protect the proprietary rights of the Sustainable Carbon IP Owners and to comply with all reasonable written or electronic requests made by Sustainable Carbon, the Sustainable Carbon IP Owners or their suppliers of Content ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Website. You agree to provide Sustainable Carbon with prompt written notice of any unauthorized use of the Website by any party or of any claim that the Website or Content infringes upon any third party intellectual property, copyright, trademark or other contractual, statutory or common law rights.

If you believe that your work has been used on the Website in any manner that constitutes copyright infringement, please notify Sustainable Carbon by written notice or by email. The notice should include the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our Website of the material you claim has been infringed, or the link or reference to another Website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement on this Website should be directed to Sustainable Carbon, Attn: Legal Dept.

Limitation of Liability

Sustainable Carbon, the Sustainable Carbon IP Owners, and their affiliates, representatives, suppliers, directors, officers, employees, agents and third party vendors (collectively the "Sustainable Carbon Entities") shall, to the extent permitted by law, have no liability of any kind, contingent or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Website or for delays or omissions therein whether caused by the negligence of the Sustainable Carbon Entities, their employees, subcontractors, agents, Suppliers, or otherwise. The Sustainable Carbon Entities shall have no responsibility to maintain the information made available on this Website or to supply any corrections or updates in connection with such information. IN NO EVENT WILL THE Sustainable Carbon ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS WEBSITE OR ANY INFORMATION OR LINKS ON IT , EVEN IF THE Sustainable CARBON ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Websites

This Website may provide hyperlinks to certain websites sponsored and maintained by Sustainable Carbon as well as those sponsored or maintained by third parties ("Third Party Websites"). Such Third Party Websites are publicly available and Sustainable Carbon is providing links to such Third Party Websites through this Website solely as a convenience to you. The content of the Third Party Websites as well as the services, goods or advertisements on the Third Party Websites is not maintained or controlled by Sustainable Carbon, and Sustainable Carbon makes no representations or warranties concerning the content of the Third Party Websites and the fact that links to the Third Party Websites are provided does not constitute any endorsement, authorization or sponsorship of the Third Party Websites or their sponsors by Sustainable Carbon; nor is there any affiliation between Sustainable Carbon and such sponsors and such sponsors do not endorse, authorize or sponsor this Website. Moreover, Sustainable Carbon is in no way responsible for the availability, content or accuracy of the Third Party Websites or any services or goods that may be provided, linked to, or advertised on the Third Party Websites. Sustainable Carbon makes no warranty, express or implied, with respect to the use of the links provided on, or to, the Website or guarantee the accuracy, completeness, usefulness or adequacy of any Third Party Websites, or services, goods or advertisements provided, linked to or advertised on Third Party Websites. You understand and agree that you will use or rely on the Third Party Websites solely at your own risk and that Sustainable Carbon does not grant to you any rights in respect of such Third Party Websites.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless the Sustainable Carbon Entities against any claim, suit, action or other proceeding against the Sustainable Carbon Entities by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with: (i) your use or someone using your computer's use of the Website or any links on the Website; and/or (ii) a violation of these Terms of Use by you or anyone using your computer.  You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

Governing Law

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York and the United States applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. You agree that by using this Website, you agree to submit to the jurisdiction of the Supreme Court of the State of New York in Manhattan, New York and the United States District Court for the Southern District of New York for the enforcement of these Terms of Use, and any disputes related to same and the Website, and agree to service of process by mail.

Miscellaneous

In the event that any provision of these Terms of Use shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Terms of Use. Sustainable Carbon’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Use, and any modifications hereto constitute the entire agreement between Sustainable Carbon and you and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of these Terms of Use.