Terms & Conditions

Terms and Conditions
This website (“Site”) is provided to you by Stirling Wind Project LP, by its general partner Stirling Wind Project Ltd. (“SWLP”). Your access to and use of this Site is subject to these Terms and Conditions and the provisions of the Privacy Policy. By accessing this Site you (“you”) agree to be bound by these Terms and Conditions whether or not you have read them and you consent to the collection, use and disclosure of your personal information as set out in the Privacy Policy. If you do not agree to these Terms and Conditions, do not access this Site. SWLP may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using this Site.

Use of Information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at SWLP’s sole discretion. This Site is for general information purposes only and is not intended to provide you with any personalized financial, investment, legal, accounting, tax or other professional advice.
The information and materials presented on this Site are not to be used or construed as a public offering, an offer to sell or the solicitation of an offer to buy any securities of SWLP.

The information and materials presented on this Site should not be interpreted to state or imply that past results are indicative of future performance.

Changes to the Site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

Site Privacy and Cookies
SWLP’s personal information practices with respect to the Site are governed by the Privacy Policy.
The Site does not automatically gather any personal information from you, such as your name, phone number or e-mail address. We would obtain this type of information if you supply it voluntarily through the Site or by sending us an e-mail or other communication separate from the Site.

SWLP may employ software programs and other methods to monitor network traffic on its Site to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or other assets of SWLP. These programs and methods may receive and record the Internet Protocol (“IP”) address of the computer that has contacted our Site, the date and time of the visit and the pages visited. We may attempt to link these addresses with the identity of individuals visiting our Site if an attempt to damage the Site or other SWLP assets has been detected.

A “cookie” is a text file placed on your computer’s hard drive or memory by a web server, which allows for personalization of certain aspects of your visit to that website. SWLP may use cookies to facilitate your use of our Site, and to temporarily track your activity on our Site in order to compile statistics regarding the use of our Site. We may also use cookies in order to improve the efficiency and convenience of viewing the Site.
Cookies can usually be disabled by changing your browser preferences. Please consult your browser’s help function for information on how to disable cookies. If you choose to refuse cookies placed by our Site, certain functions of the Site may not function properly.

By using this site with cookies enabled in your browser preferences, you consent to the use of the cookies described above.

Links
This Site may contain links or references to third-party websites including affiliates of SWLP. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of SWLP even if such third party is a SWLP affiliate. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Your Obligations
Your use of this Site will at all times comply with all applicable laws. You will not use this Site to (a) engage in denial of service attacks, transmit disabling mechanisms or take actions designed to impair network access; (b) infringe any third party’s intellectual property or proprietary rights; (c) transmit or disseminate content that you do not have the right to transmit or disseminate under law, or contractual or fiduciary relationships; or (d) transmit or disseminate content that contains personally identifiable information not belonging to you.

Intellectual Property
The materials displayed on or contained within this Site including, without limitation, all software, tools, design, text, reports, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Materials”), are the property of SWLP and its affiliates or licensors and are protected by copyright, trade-mark and other intellectual property laws.

SWLP hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display on the Site the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) without express prior written consent of SWLP. Use of Materials is only permitted with the express written permission of SWLP and/or its affiliates or licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

This provision shall survive the termination of your right to use this Site.

Disclaimer of Warranties
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE OR DOCUMENTATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. SWLP MAKES NO RESWLPSENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXSWLPSS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, DOCUMENTATION AND LINKS CONTAINED HEREIN, AND DISCLAIMS ALL SUCH RESWLPSENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, RESWLPSENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED ACCESS, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, SOFTWARE OR DOCUMENTATION PROVIDED THROUGH THIS SITE. IN ADDITION, SWLP DOES NOT PROVIDE ANY RESWLPSENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. ALL RESWLPSENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

Limitation of Liability
IN NO EVENT SHALL SWLP, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER RESWLPSENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, GOODWILL OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES CONTAINED OR REFERRED TO ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; WHETHER OR NOT SWLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

Indemnification
You agree to indemnify and hold harmless SWLP and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; and (b) your use of this Site. This provision shall survive the termination of your right to use this Site.

Termination
SWLP may at any time and at its sole discretion terminate your right to use this Site.

Governing Law
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. This provision shall survive the termination of your right to use this Site.

General
These Terms and Conditions together with the Privacy Policy constitute the entire agreement between you and SWLP with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by SWLP or you to exercise any rights, powers or remedies hereunder, or any delay in such exercise, shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.