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Mobius Renewable Energy Terms of Service

Please review these Terms of Service thoroughly before using the services available on, or through, Mobiusre.com. This agreement is in best the interest of both parties. It clearly defines our relationship and respective responsibilities. Our terms are designed to be fair, open and accessible. If you require further clarification on any of these terms please do not hesitate to contact us before continuing on with the service.

We will do our best to notify you when these terms change through our usual channels, however it is ultimately your responsibility as a Member to stay up to date on this agreement. It always recommended that you review these terms before changing your Membership or engaging us, or any other Member, in any Professional Services.

These Terms of Service cover all Membership types available on Mobiusre.com.

These terms of service were last updated: May 23, 2018.

1. Use of the Platform

Subject to these Terms, Mobius Renewable Energy (MobiusRE) grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use Mobiusre.com (the “Platform”). You are responsible for configuring the Platform and ensuring it meets the needs of your business.

You will not, and will not permit anyone else to, without MobiusRE’s prior written permission:

  1. use the Platform for purposes other than for the Platform’s Services;
  2. “frame”, “mirror” or otherwise incorporate any part of the Platform on any website, except as necessary to inline frame on your own website Customer-facing booking webpages provided to you by MobiusRE;
  3. access, monitor, modify, copy or distribute any part of the Platform using any automated means or any manual process;
  4. violate the restrictions in any robot-exclusion files on the Platform, or circumvent other measures employed to prevent or limit access to the Platform, or sections of the Platform;
  5. remove any watermarks, labels or other legal or proprietary notices included in the Platform;
  6. attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
  7. license, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
  8. use the Platform in any manner that interferes with the integrity or performance of the Platform;
  9. use the Platform as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
  10. attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the Platform;
  11. create adaptations, translations, or derivative works based on the Platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
  12. use the Platform in a manner that violates third party intellectual property rights;
  13. upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
  14. use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as MobiusRE permitting or causing you to send electronic messages using the Platform).

MobiusRE may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by MobiusRE.

2. Registration & System Accounts

If you register for a Membership on the Platform, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to MobiusRE. You are responsible for all activities that occur through your MobiusRE memberhsip account, and for all charges incurred therefrom. Your login may only be used by one person; provided that you may create separate logins for as many people as your Membership allows. You are responsible for ensuring all such persons adhere to these Terms.

3. Data Protection, Ownership & Confidentiality

Unless expressly stated herein, you retain all rights to data you enter in the Platform (“Your Data”). We will not modify, aggregate, rent, sell, share or disclose Your Data to third parties without your prior consent except as required by law or as expressly set forth in these Terms, or our Privacy Policy.

When processing payments for Products or Services payable directly through the Platform, we may disclose personal and transactional information to third party payment gateways or other associated services. We may access and retain Your Data and membership accounts to provide services to you or to manage our business, provided that we will not retain the personal information of your customers or employees, or detailed financial information of your business. We may also archive Your Data for historical reporting.

You may export Your Data at any time. Once Your Data has left the Platform, it is no longer covered by our privacy and security policies. When your membership account is closed, Your Data is removed from the Platform and is no longer accessible to you.

Storing credit card details on the Platform is strictly prohibited and is contrary to our obligations with respect to the Payment Card Industry Data Security Standard (PCI DSS). You agree not to store credit card information anywhere on the Platform. To accept or process payments via the Platform, You must use one of the certified payment gateways established by the Platform, from time to time, and as listed on our Website.

4. Hosting, Security & Availability

MobiusRE takes reliability and security very seriously.

However, no system is perfectly secure or reliable and MobiusRE does not warrant that the Platform will be secure or available. The Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. MobiusRE does not warrant or guarantee the confidentiality of any communications made by you through the Platform, that the Platform is compatible with your computer system, or that the Platform, or any links therein, will be free of viruses, worms, trojan horses, or disabling devices, or other destructive or contaminating code.

You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.

5. Fees and Billing

Charges for the use of the Platform (the “Fees”) are described on our Website, or in our Standard Fee Agreements. You agree to pay all Fees (and any applicable taxes) related to your use of the Platform in accordance with the payment terms set out on the Platform. MobiusRE may change Fees and payment terms, promotions, referral programs or other fee credit programs at any time. If we change the Fees, we may give you at least 30 days’ notice, and we may apply such changes to your account at a later date. If you disagree with any such changes, do not use the Platform after the change becomes effective. MobiusRE may also provide special pricing to certain users that is different than the publicly displayed Fees.

Downgrading or choosing another Membership type may cause you to lose content, features or capacity. MobiusRE does not accept any liability for such loss.

6. Customer Service & Support; Submissions

We reserve the right to change our support terms or cease to provide support at any time without notice to you. We may refuse support, or charge you for excessive requests, requests not covered by your Membership, overly complex requests, or requests outside of the understanding or professional standing of our support staff.

Certain Platform users may use Platform-based Community Support Forums to post questions and find answers related to the Platform. If authorized to use a Community Support Forum, you will use it accordance with these Terms.

By submitting content to the Platform or to MobiusRE (collectively, “Submissions”), you grant MobiusRE a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, translate, distribute, publish, exploit, create adaptions or derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised. You further grant MobiusRE the right to pursue at law any person or entity that violates your or MobiusRE’s rights in the Submissions. Submissions are non-confidential to you and may be used by MobiusRE or shared with others without notice to you. MobiusRE may take down any Submissions for any reason at any time without notice to you.

MobiusRE takes no responsibility for your Submissions. MobiusRE has no obligation to post your Submissions. In providing and posting Submissions, you will be solely liable for any resulting damages or harm.

If you do not agree to the terms relating to Submissions in this Section, do not provide us with any Submissions.

7. Account Cancellation and Suspension

If at any time you elect to cancel your Membership, you are responsible for properly cancelling your membership account in accordance with the applicable terms on the Platform. You are responsible for any Fees charged to your account until it is properly cancelled.

MobiusRE may without any notice or liability to you: (1) terminate or suspend your license to use any portion of the Platform and the rights of any third party to which you may have granted access; (2) change, suspend or discontinue any part of the Platform; or (3) impose limits on your use of the Platform.

8. Third-Party Sites, Services and Entities

The Platform contains links and provides integrations to Third-Party web sites and services, and provides referrals or introductions to other Members (a “Third-Party”). Your use of Third-Party Sites and any content or service provided therein (“Third-Party Content”) is at your own risk.

MobiusRE makes no guarantee or warranty regarding Third-Party Content or Third-Party Sites, provides such links and integrations only as a convenience and accepts no responsibility for reviewing Third-Party Content or Third-Party Sites.  MobiusRE makes no guarantee or warranty regarding Third-Party Members, their abilites, competencies, reliability, or suitability for any purpose or transaction you may contemplate, or complete, with any Third-Party Member.

You agree to review the applicable terms and policies of any Third-Party Site, Third-Party Service, or Third-Party Member, and make all appropriate investigations before proceeding to or engaging with any Third-Party.

9. Professional Services

MobiusRE may make available to you certain consulting, intermediary, and other, Professional Services (“Professional Services”). MobiuRE grants you a limited, revocable, non-exclusive, non-sublicensable license to use the deliverables provided as part of the Professional Services (the “Deliverables”). All other rights, title and interest in and to, the Professional Services and Deliverables are expressly reserved by MobiusRE. You will not re-sell, license or misrepresent Deliverables as your own.

By Registering as a Member of the Platform, you agree to be bound by the Standard Fee Agreement in effect at that time, and as amended from time to time, for the Professional Services being accessed, and applicable to the transaction type contemplated and completed.  Fees payable for Professional Services, under a Standard Fee Agreement, are not refundable unless otherwise specified by us in writing.

For certain Membership types, Fees or other Benefits will be payable to the Member, under a Standard Fee Agreement, for work performed or business activity undertaken. By Registering as a Member of the Platform, you agree to be bound by the Standard Fee Agreement in effect at that time, and as amended from time to time, for the Professional Services you will provide, or for the business activity you engage in; as applicable to the transaction types contemplated and completed.

For any Fees that are billable on a “Fee for Service”, or on an”Hourly Rate” basis (as opposed to on a “Success Fee” basis), we may require a non-refundable deposit or payment in full before beginning or completing any Professional Services and may delay, suspend or cease to provide Professional Services at any time without any liability to you.

We make no warranties, conditions or guarantees regarding the quality or delivery of Professional Services, or their suitability for your intended uses.

10. Ownership; Logos and Trademarks

Subject to your compliance with these Terms, and any trademark or intellectual property policies and guidelines made available to you from time to time, MobiusRE grants to you a personal, revocable, non-exclusive and non-transferable license to use MobiusRE Trademarks and Logos (the “MobiusRE Trademarks”), solely to the extent required to identify yourself as a MobiusRE Member, and for no other purpose. You will:

  1. not attempt to claim ownership of the MobiusRE Trademarks or incorporate any of them within your names or offerings;
  2. only use the MobiusRE Trademarks in the form and manner as prescribed from time to time by MobiusRE;
  3. refrain from doing or causing to be done any act which may jeopardize or adversely affect the validity, enforceability or distinctiveness of the MobiusRE Trademarks or MobiusRE’s title to the MobiusRE Trademarks; and
  4. upon termination of these Terms, ceasing to be a MobiusRE Member or upon MobiusRE’s request, immediately cease to use the MobiusRE Trademarks and subsequently refrain from displaying the MobiusRE Trademarks or any mark which is similar to or confusing with any of the MobiusRE Trademarks.

MobiusRE expressly reserves all rights in the Platform (including the MobiusRE Trademarks) that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform and any update, adaptation, translation, customization or derivative work thereof will remain with MobiusRE and its third party suppliers, and that the Platform is licensed and not “sold” to you.

11. Limitation of Liability

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) will MobiusRE be liable to you or any third party for any direct or indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption arising from your use of the Platform.

You and we agree that the limitations in this Section correctly allocate the risks between the parties, and you and we have relied on these limitations in determining whether to enter into these Terms and provide use of the Platform for the applicable Fees. The limitations in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

The Platform is provided “AS IS” and “AS AVAILABLE”. Use of the Platform is at your own risk. MobiusRE does not make any representations, warranties or conditions of any kind, including about the quality, accuracy, reliability, completeness, currency, or timeliness of the Platform. The Platform may include errors, omissions and inaccuracies, to the maximum extent permitted by applicable law. MobiusRE does not assume any responsibility for any errors, omissions or inaccuracies in the Platform.

To the fullest extent permitted by applicable law, MobiusRE disclaims all warranties, representations and conditions of any kind with respect to the Platform whether express, implied, statutory or collateral, including implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the Platform is or will be error free or will operate without interruption. MobiusRE makes no representation, condition or warranty that your use of the Platform will comply with applicable laws, including privacy and anti spam laws.

12. Indemnification

You agree to defend, indemnify and hold harmless MobiusRE and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of:

  1. your breach of these Terms or any documents referenced herein;
  2. your violation of any applicable law (including any law, regulation or order related to privacy or anti-spam) or the rights of a third party (including privacy or intellectual property rights);
  3. your use of the Platform (including any electronic messages sent, caused or permitted to be sent by you);
  4. your breach of or failure to honor any Purchase, Sale or other Transaction;
  5. any misrepresentations made to a Customer, another Member, or another Third-Party, by you.

13. Confidentiality, Non-Disclosure and Non-Circumvention

By submitting on an Online Membership Registration Form on the Platfrom, you agree to be bound by the mutual CONFIDENTIALITY / NON-DISCLOSURE / NON-CIRCUMVENTION UNDERTAKING (the “Undertaking”) made between yourself and the MobiusRE Division, MobiuSolar Corporation, a Federal Canadian Corporation, with its principal office located at 380 York Street, London, Ontario, Canada, N6B 1P9 (“MobiusRE”), in accordance with the following provisions, terms and conditions;

For the purposes of this section of the Terms of Services, you and MobiusRE are individually referred to as a “Party” and collectively referred to as “the Parties”.

The Untertaking is entered into as of the date of the submission of the Membership Registration (the “Effective Date”).

Each Party wishes to receive certain information concerning the Other Party, its Business, its Projects, its Intellectual Property and its Strategic Partners; and Each Party will need access to certain Confidential Information, prepared by the Management of the Other Party, relating to the Other Party, its Associate Companies, its Partners, its Businesses, its Intellectual Property and its Services, for the purpose of entering into discussions regarding Project cooperation, joint ventures, strategic alliances, equity investment, financing or such other purposes (the “Permitted Purposes”) as may be agreed to by Both Parties.

1. Definitions

For the purposes of this Undertaking:

“Advisor” shall mean lawyers, accountants, auditors, financial and technical advisors, brokers, nominated advisors (“NOMADS”), bankers and consultants.

“Businesses” shall mean all and any commercial activities of a Party.

“Confidential Information” shall mean
(a) any and all information of whatever nature relating to a Party, the equity investors, Projects or other Concerns which it represents, its Businesses, proposed partners (including but without limitation the identity of brokers, NOMADS or other persons providing similar services to be engaged by a Party), such information to be exchanged or otherwise obtained or provided at any time by a Party, or any of its Directors, Officers, Employees, Agents, Representatives or Advisors, or by any Subsidiary or Associated Company, or a Company in which a Party has a direct or indirect interest, or by any of that Company’s Directors, Officers, Employees, Agents, Representatives or Advisors (collectively referred to in this Undertaking as “Specified Persons” and each a “Specified Person”) in written, electronic, pictorial, or oral form, from or pursuant to discussions between the Parties or any of the Parties’ Directors, Officers or Employees, including, without limitation, all technical information and all other information, know-how, records, designs, specifications, drawings, data, operations, manuals, instructions, all customer and supplier lists, sales information, business plans and forecasts, business methods, maturing new business opportunities, research and development projects, all technical or other expertise and all computer software and all accounting and tax records, correspondence, orders, inquiries, contracts (in whatever form held and whether or not recorded in documentary form or on computer media) in any way connected with the Parities, their Businesses, Products and Services;
(b) all analyses, compilations, studies and other documents prepared by a Party, or any Specified Person, which contain or otherwise reflect or are generated from the information specified in paragraph (a) above; and
(c) the content of discussions or negotiations that may take place, are taking place, or have taken place between the Parties, or a Specified Person, the Parties’ Businesses or its Proposed Partners.

“Disclosees” shall mean any company, person or persons to whom Confidential Information is disclosed hereunder.
“Intellectual Property Rights” shall mean designs, drawings, plans and specifications, patents, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other intellectual and industrial property rights of any sort throughout the world.

“Potential Transaction” shall mean any intended set of agreements, relating to a specific Project, Joint Venture, Strategic Alliance, Equity Investment, Acquisition, Merger, Financing Arrangement, Product Purchase, Provisions of Services, or other such Business Transaction, where the Parties to this Agreement have exchanged Confidential Information, whether as Principal Parties to the intended transaction, or acting as Brokers, Advisors, Facilitators or Intermediaries.

“Proprietary Information” means information that is not in the public domain, relating in any way to the Discloser’s business, that is not a Trade Secret and that is provided to the Recipient by the Discloser.

“Services” shall mean a Party’s Services as provided by it from time to time, including (but without limitation) any services that are offered or sold by a Party from time to time.

“Trade Secret” has the meaning ascribed to that term in the Uniform Trade Secrets Act (Canada, 1989).

2. Undertakings

In consideration of the Parties agreeing to supply, and so supplying, the Confidential Information and agreeing to enter into discussions, the Parties hereby Represent, Undertake and Agree as follows:

(a) to hold the Confidential Information in confidence and not to disclose or permit it to be made available to any person, firm or company without the Other Party’s prior written consent and in particular but without limitation, to hold the identity of prospective equity investors, partners, suppliers, brokers, NOMADS or other persons providing similar services to be engaged in any Potential Transaction, in confidence and not to disclose or permit it to be made available to any person, firm or company (including but without limitation, any licensor of any joint venture of either Party);

(b) to only use the Confidential Information for the Permitted Purpose(s);

(c) to ensure that each person, or entity, to whom disclosure of Confidential Information is made by a Party, is made fully aware in advance of that Party’s obligations under this Undertaking and that each such person or entity gives that Party a written undertaking in respect of the Confidential Information, in accordance with the terms of this Undertaking;

(d) upon written demand from either Party, the Other Party shall return the Confidential Information to the Requesting Party, and any copies of it, or to confirm to the Requesting Party in writing that, save as required by law or regulation, it has been destroyed. A Party shall not be required to return reports, notes or other material prepared by the Other Party, or other disclosers on its behalf, which incorporate Confidential Information (“Secondary Information”) provided that the Secondary Information is kept confidential;

(e) to keep confidential and not reveal to any person, firm or company the fact that discussions or negotiations are taking place, or have taken place, or will take place, between the Parties in connection with the Permitted Purpose(s), unless agreed to in writing by the Other Party;

(f) that neither Party gives any warranty or makes any representation as to the accuracy or otherwise of the Confidential Information, save as may subsequently be agreed.

This Section 2 does not exclude liability for, or any remedy in respect of, fraudulent misrepresentation.

3. Non-Circumvention

The Parties hereby agree to be bound to each other with respect to Prospective Buyers, Sellers, Prospective Business Partners, Agents, Clients or Consultants introduced to One Party by the Other Party, regarding any Potential Transaction the Receiving Party is considering or is engaged for, and the Parties shall not circumvent each other, or cause others with whom they may have contact, to circumvent the Other Party, on any Potential Transaction which is subject to this Undertaking. The Parties further Agree that they will not in any way circumvent, avoid, bypass, or obviate each other, either directly or indirectly in connection with specific Potential Transaction(s), unless otherwise mutually agreed.

The Parties further Undertake and Agree that, at no time, now or in the future, will they, or any associated person or entity, use knowledge of the Other Party’s Intellectual Property, or Trade Secrets, to create, or allow other persons or entities to create, similar proprietary Products or Services to those shared with a Party under this Undertaking, unless otherwise mutually agreed.

Nothing in this Section 3 shall prevent or limit the Parties from originating or participating in transactions not identified and/or disclosed to One Party by the Other Party, without any responsibility or liability to either Party. Furthermore, this Section 3 shall not apply to Prospective Buyers, Sellers, Prospective Business Partners, Agents, Clients or Consultants known to, and engaged with, a Party prior to their introduction to One Party by the Other Party.

4. Intellectual Property

The Parties hereby Acknowledge and Agree that all Intellectual Property Rights in and associated with the Businesses and/or the Products and Services of a Party, whether arising or created before or after the date of this Undertaking, vest absolutely in the Party creating said Intellectual Property, and it is the intention of the Parties that all such Intellectual Property Rights shall at all times hereafter, and for all purposes, remain vested in the Party creating said Intellectual Property.

The Parties further Agree that in no circumstances shall either Party, or any Specified Person, or any associated entity, ever apply for registration as proprietor, or owner, of any of the Intellectual Property Rights in and associated with the Other Party’s Businesses and/or the Products and Services of the Other Party in any part of the World.

5. No Representations or Warranties

5.1 Neither Party, nor any of their respective Directors, Officers, Employees, or Advisors, makes any representation or warranty (express or implied) as to the accuracy or completeness of the Confidential Information. The Parties Acknowledge and Agree that Confidential Information made available to them by the Other Party, or any other Disclosee authorized by a Party hereunder, in the course of, or for the purpose of, negotiation, shall not constitute an offer or invitation to make an offer in connection with the Permitted Purpose(s), nor will any such Confidential Information form the basis of any offer or of a constructive representation or warranty in relation to any contract.

5.2 Neither Party, nor any of their Respective Directors, Officers, Employees or Advisors shall have any liability to each other, or any of the Disclosees, arising out of or resulting from the use of the Confidential Information.

6. No Obligation

6.1 Any decision by the Parties to enter into discussions relating to the Permitted Purpose(s) may be changed at any time without notice or explanation. The Parties shall not be under any obligation to recommend any offer, or accept any proposal, which may be made by in the course of any negotiations.

6.2 Neither Party, nor any of their respective Directors, Officers, Employees or Advisors are under any obligations or liability to reimburse each other or any Specified Person for any loss, damage, cost or expense incurred or suffered in connection with any negotiations, actions, or omissions relating to any such negotiations.

7. No Waiver

Any failure or delay by either Party in exercising any right, power, or privilege under this Undertaking shall not operate as a waiver thereof, nor shall any single or partial exercise thereof, or the exercise or waiver of any other right, power or privilege of any right, power, or privilege preclude any further exercise.

8. No Assignment

This Undertaking is exclusive and specific to the Parties, and may not be assigned without mutual consent.

9. Notice

9.1 Any notice or other communication given under this Undertaking shall be in writing and may be delivered to the relevant Party or sent by letter, email, or facsimile transmission to the usual primary business address of that Party, or as shown in their Membership Registration Form, or to that Party’s facsimile transmission number, or to such other address or number as may be notified hereunder by that Party from time to time for this purpose, and shall be effectual notwithstanding any change of address not so notified.

9.2 Unless the contrary shall be proved, each such notice or communication shall be deemed to have been given or made and delivered; if by letter, 7 clear days after posting. If by hand delivery; when left at the relevant address. If by facsimile or email transmission; when transmitted.

10. Undertaking Term

This Undertaking shall remain in effect for a Term of two (2) years from the Effective Date hereof, unless Terminated in writing earlier by one of the Parties.  While in force, this Undertaking shall automatically renew, without lapsing, for additional Terms of two (2) years; for as long as you remain a Registered MobiusRE Member.

All Proprietary and Confidential Information shall be safeguarded by the Recipient as required by this Undertaking for a period of five (5) years from the date of disclosure to the Recipient. All Trade Secret information shall be safeguarded by Recipient as required by this Undertaking in perpetuity, or for so long as such information remains a Trade Secret under applicable law, whichever occurs first.  Each Party’s responsibilities with respect to all Proprietary and Confidential Information, and all Trade Secrets, shall survive the Termination of this Undertaking.

11. Acceptance

In wishing to express their agreement to the foregoing, the Parties do so indicate, by you submitting your online Membership Registration Form to MobiusRE, and in return by MobiusRE approving your application for Membership; whereupon these actions will constitute each Party’s, and the Parties’, agreement with respect to the subject matter of this Undertaking.

14. General Terms

Amendment and Waiver: These Terms of Service will not be deemed waived by us, or amended or modified by you, unless such waiver, amendment or modification is in writing and signed by MobiusRe. Our failure to enforce any of the provisions of these Terms of Service will in no way be construed to be a waiver of such provisions, nor in any way affect the ability of MobiuRE to enforce such provision thereafter.

Modifications: MobiusRE may modify the Platform or these Termsof Service  at any time without notice to you. It is your responsibility to periodically review our Website for any changes and ensure that you understand and are in full compliance of these Terms of Service. Your continued use of the Platform after any changes to these Terms of Service indicates your acceptance of such changes.

Assignment: MobiusRE may assign, transfer or subcontract its rights and obligations under these Terms of Service (including any services or deliverables provided pursuant to these Terms of Service), in whole or in part, without restriction.

Severability: If any provision of these Terms of Service is unenforceable or invalid for any reason whatever, such unenforceability or invalidity will not affect the enforceability or validity of the remaining provisions of these Terms of Service and such provision will be severable from the remainder of these Terms of Service.

English Language: It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Entire Agreement: These Terms of Service constitute the entire agreement between MobiusRE and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between you and MobiusRE with respect to the Platform. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Term and Termination: These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms as follows: (1) MobiusRE may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at MobiusRE’s discretion, at your current email address on file with MobiusRE or through the Platform; and (2) you may terminate these Terms at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your Membership account be deleted and uninstalling and removing all local software components thereof.

Survival: All rights and obligations of you and us which expressly or by their nature survive termination of these Terms will continue in full force and effect subsequent to such termination until they are satisfied or otherwise expire.

Conflicts: If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between the parties, then these Terms of Service will prevail as it relates to the use of the Platform; unless that other agreement, which must be dated after the original date of your Online Membership Registration, specifies that certain exceptions to these Terms of Service will apply in the governance of the relationship between you and MobiusRE.

15. Privacy Policy

Please refer to the MobiusRE Privacy Policy available at mobiusre.com/privacy-policy (which is hereby incorporated into and forms a part of these Terms of Service) for information on how MobiusRE collects, uses, discloses and protects personal information.

16. Governing Law

These Terms will be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any conflict of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to the exclusive jurisdiction and venue of Courts in London, Ontario, Canada in all disputes arising out of or related to these Terms.

17. Questions and Comments

If you have any questions regarding these Terms of Service, or your use of the Platform, please contact us at:

MobiuSolar Corporation,
360 York Street,
London, Ontario, Canada, N6B 1P9
(226) 699-8150

info@mobiusre.com