TERMS
OF USE

SilverBirchPower.com
Terms of Use

Introduction

YOU HAVE ACCESSED THE SILVERBIRCH POWER CORP. WEBSITE (THE “WEBSITE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ITS SERVICES. BY ACCESSING AND BROWSING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, PLEASE EXIT THE WEBSITE IMMEDIATELY.

The "Website" means the website of SilverBirch Power Corp. located at www.silverbirchpower.com. The terms "SilverBirch Power Corp.," "Company," "we," “us,” and "our" are used on this Website for the sake of convenience and refer to SilverBirch Power Corp. and/or its affiliates, subsidiaries or related parties, either individually or collectively, as the context dictates. Please bear in mind that these references are not intended to suggest that such affiliates, subsidiaries, related parties, and various SilverBirch Power Corp. companies are not independent corporate entities with separate corporate identities and management.

This Website includes various documents and web pages created and maintained by SilverBirch Power Corp. While browsing the Website you may be able to use “Services” such as but not limited to paying bills online, conducting business or ordering other facilities. The Website and the Services are offered to you on condition that you accept the Terms of Use contained in this document. Your use of this Website and any of our Services constitutes your agreement to the Terms of Use.

Use of this Website

You may use this Website for lawful purposes only. You are prohibited from using on the Website, or transmitting to or through the Website, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable content, or any content that may contribute to a civil or criminal offense, otherwise violates any law or infringes any intellectual property right.

SilverBirch Power Corp. may provide you with software for download or for use on the Website. Any software provided by SilverBirch Power Corp. is protected by copyright law and governed by the terms of an end-user license agreement. Prior to using such software on the Website or installing and using such software elsewhere, you must agree to the terms of its end-user license agreement. Any information submitted or communicated to SilverBirch Power Corp. by way of our Website or Services, except your personal and commercial information or data, is deemed non-confidential and non-proprietary, which means that SilverBirch Power Corp. may incorporate, distribute or otherwise use such information for any commercial or non-commercial purposes without compensating you. SilverBirch Power Corp. is under no obligation to use or post any such information and may remove any previously posted information at any time at its sole discretion. Any personal or commercial information or data submitted to SilverBirch Power Corp. through use of the Services or Website is governed by the terms of our Privacy Statement.

Privacy Statement

This Privacy Statement governs the collection, use, retention, and disclosure of any information we gather through this Website.

We are committed to protecting your privacy. Any personal or commercial information or data we collect from individual or commercial customers may be used by authorized employees within the Company on a need-to-know basis only. To protect your information and ensure the best possible service to our customers, we regularly review our systems and data storage methods. Unauthorized actions against computer systems or data may constitute a civil or a criminal offense and we will investigate any such actions with a view to prosecution and taking civil proceedings to recover damages from those responsible.

No Solicitation

Any information provided on or through this Website is intended solely for the general knowledge of visitors to the Website and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of SilverBirch Power Corp. Any information contained in this Website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.

Accuracy of Information

Although SilverBirch Power Corp. makes reasonable efforts to ensure that the information provided on the Website is current and accurate, SilverBirch Power Corp. makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

Certain documents and other materials provided via the Website, including documents and materials filed by SilverBirch Power Corp. with the regulatory authorities of relevant jurisdictions and listed or linked to on the Website, are current only as of the dates on which such documents and materials were filed or otherwise made available by SilverBirch Power Corp. The contents of such documents or materials may become out-of-date, and SilverBirch Power Corp. makes no commitment to, and disclaims any duty to, update such documents and materials.

Links to this website

If you create a link to any part of the Website or the information or data therein, you do so at your own risk and the conditions set out in these Terms of Use will apply to your use of the Website.

Links from this website

When accessing our Website, you may find links to external websites owned and published by third parties. We do not monitor or review the content of any external websites. We do not necessarily share or endorse any opinions expressed or materials appearing on such third-party websites, and SilverBirch Power Corp. should not be regarded as the publisher of such opinions or materials. Additionally, we are not responsible for the privacy practices or content of such third-party websites. We encourage our users to exercise caution when accessing third-party websites linked to by our Website and carefully read their privacy statements. Before disclosing any personal information to any third-party websites connected to or accessed through this Website, you should evaluate their security and trustworthiness for yourself. We disclaim any responsibility for any loss or damage whatsoever, howsoever caused, resulting from your disclosure of your personal or commercial information to any third parties.

Cookies

Like most interactive websites these days, our Website uses cookies to enable us to retrieve user details for each visit. Cookies are small items of data stored on your computer and are used in some areas of the Website to enable its intended functionality and to improve its ease of use. Some of our affiliated partners may also use cookies. Whilst some of the Website’s functionality will be lost if cookies are disabled in your browser, most modern browsers include optional settings to delete some or all locally stored cookies upon closing the browser. If you would prefer to have your browser do this, please consult its help facility.

Intellectual Property

This Website and its contents are protected by copyright, trademark, and other proprietary rights of SilverBirch Power Corp. or third parties. The SilverBirch Power Corp. names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of SilverBirch Power Corp. Except as expressly permitted herein, no portion of this Website or its contents, including trademarks, logos and service marks, may be reproduced, displayed or used in any form, or by any means, without prior written permission from SilverBirch Power Corp. or the applicable third party.

SilverBirch Power Corp. grants you a non-exclusive and non-transferable license to view and print documents and web pages from the Website for non-commercial or educational use within your organization only, subject to the following conditions:

a. The material may only be used for non-commercial purposes;

b. Copies must retain any copyright or other intellectual property or proprietary notices contained in the original material;

c. Information on the Website may be subject to other intellectual property rights reserved by SilverBirch Power Corp. or by third parties. No license is granted in respect of those intellectual property rights;

d. Images, tables and drawings on this Website are protected by copyright and may not be reproduced or appropriated in any manner without prior written permission of their respective owner(s).

The content of the Website shall not be used for any other purpose without our prior written permission. The documents and web pages on the Website may not be reproduced, republished, retransmitted, sold, modified or exploited in any other way.

No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of SilverBirch Power Corp. or of any third party. SilverBirch Power Corp. or any third party owner of such rights retains all such rights. SilverBirch Power Corp. reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in our sole opinion is contrary to these Terms of Use or is otherwise inappropriate, derogatory or offensive.

You agree that any person to whom the content is provided directly or indirectly by you or your organization will be advised of these Terms of Use and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Website.

Exclusions and Limitations

The information presented on this Website is provided on an "as is" basis. To the fullest extent permitted by law, SilverBirch Power Corp.:

  • excludes all representations and warranties relating to this Website and its contents including any representations, warranties and content as may be provided by any affiliate or any other third party, including in relation to any inaccuracies or omissions in the Website or in our literature; and
  • excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss and loss of business or profits, whether or not the loss was foreseeable or arose through fault or no fault of your own, or whether or not you had been advised by SilverBirch Power Corp. or any third party of the possibility of such potential loss, damage caused to your computer, computer software, systems, programs and data or any other direct or indirect, consequential or incidental damages.

SilverBirch Power Corp. does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Jurisdiction and Arbitration

Access to this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of Canada or the United States, you may also be subject to additional laws of your country of residence. You are responsible for compliance with the laws of your jurisdiction and other applicable laws.

Any disputes arising out of the use of this Website or these Terms of Use shall be governed by the laws of the Province of Ontario, Canada. You also agree to submit to the exclusive jurisdiction and venue of the courts located therein. In the event of any dispute with SilverBirch Power Corp. arising out of or related to these Terms of Use or your use of the Website you agree to submit such dispute to binding arbitration under the procedure provided by the Arbitration Act (Ontario).

Survival

If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law, then such invalid or unenforceable term will be deemed struck from these Terms of Use. In any event, the remaining provisions in these Terms of Use shall continue in full force and effect.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement or Terms of Use expressed or implied, if said failure is due to an event beyond the control of the party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of their control, whether it causes the termination of an agreement or contract entered into or not, or which could not have been reasonably foreseen. Any Party affected by such an event shall employ best efforts to inform the other Party forthwith and shall use all reasonable efforts to comply with any surviving Agreement or Terms of Use, or surviving parts thereof.

Acceptance of Terms of Use

We maintain our Website to provide you with Services and information about SilverBirch Power Corp. By using the Website, you confirm that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

These Terms of Use constitute the entire understanding and Agreement between you and SilverBirch Power Corp. with respect to the Website and your use of same. SilverBirch Power Corp. may revise and update these Terms of Use at any time without notice. It is your obligation to review these Terms of Use from time to time to ensure that you agree with the terms, as modified. Your continued use of the Website will mean acceptance of such revisions and updates. If you do not agree with the terms as modified you are required to stop using the Website.

Communication

This website is owned by SilverBirch Power Corp. If you have any questions regarding our Website, Terms of Use, and other policies, please contact us:

By Email:
Customer Service

By Mail:
SilverBirch Power Corp.
210 Dalhousie St Ottawa,
ON K1N 7C8

Last modified: August 24, 2015