Last updated: February 1st, 2019
These Terms of Service ("Terms", "Terms of Service") govern your relationship with http://www.xenetwork.org website (the "Service") operated by XE Network ("us", "we", or "our").
Please read these Terms of Service carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, paid subscribers and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, podcast audio or code are the property of XE Network and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with XE Network.
Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of XE Network or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service. You may not distribute your members only feed or member files.
Subscriptions to the XE Network are restricted based on IP addresses and login attempts, and so unauthorized sharing will cause you to lose access to your account on a temporary or permanent basis.
Subscriptions, Automatic Payment Terms, Cancellation and RefundsÂ
By purchasing an XE Network subscription to become an Energy Transition Show ("ETS") Member you are agreeing to automatic billing on a regular basis, annually or monthly, depending on which membership plan you select. Annual subscriptions are billed one year from the date of your last payment, and monthly subscriptions are billed once per month in advance of the next month's renewal period. It is your responsibility to cancel a subscription through the "Manage Subscription" page if you wish to discontinue service.
ETS Members can cancel at any time, but we do not offer refunds for partial, unused subscriptions. Upon cancellation, your account will be removed from access to ETS when the next renewal period would have started. At this point, you will no longer be able to log in the ETS website, your user account will be deleted and your members only podcast feed will be denied access.
If you believe you have been billed in error after cancellation, you will need to contact XE Network support via support@xenetwork.org in order to raise the issue. If you have been billed in error after you cancelled your membership term you will be granted a full refund.
Credit card or Paypal charges by XE Network from an ETS subscription billing agreement cannot be disputed. If any Member elects to dispute a billed transaction, these Terms will be provided to the banking institution raising the dispute on behalf of a Member to confirm that the dispute will be invalidated.
Membership Association
By activating an ETS membership through XE Network, you are also becoming a member of the Extraenvironmentalist Media Association, a nonprofit organization located in Vancouver, British Columbia dedicated to publishing media that supports resource and environmental sustainability. XE Media Association is the host organization for XE Network, the publisher and distributer of Energy Transition Show. This membership is included with your podcast subscription and grants you the rights and responsibilities associated with membership in the Association.
If you would like to receive notifications about Annual General Meetings (AGMs) and other society updates, please contact us at support@xenetwork.org to opt-in. Formal notification of AGMs are posted on the Association website for all members.
Any ETS member may also opt out of Association membership at any time. If you wish to do so, please let us know via the same email at support@xenetwork.org.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by XE Network.
XE Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that XE Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
You agree to indemnify, defend and hold harmless XE Network, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Interviews conducted by XE Network podcasts are for informational, educational and entertainment purposes only, and any financial or material decisions you make after listening to an XE Network podcast are not our responsibility in any way.
Limitation Of Liability
XE Network, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
XE Network makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
XE Network its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and XE Network chooses not to immediately act, or chooses not to act at all, XE Network will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. XE Network does not waive any of its rights. XE Network shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 60 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.