Terms of Use

This website is owned and operated by Empire Hydrogen Energy Systems Inc. Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 on behalf of itself and its subsidiary and affiliated companies (“Empire Hydrogen”). Access to and use of this website is made available to Users subject to their compliance with these Terms of Use. These important Terms of Use are set out in full below. You should carefully read these Terms of Use. By using this website you agree to be legally bound by these terms, which will take effect from your first use of this website. If you do not agree to be legally bound by these terms, then you should not access or use this website. Empire Hydrogen reserves the right to update these Terms of Use at any time without notice to you.

Please note that certain Empire Hydrogen sites or pages including, but not limited to, password protected sites may contain terms of use additional to or other than the Terms of Use below and the terms of use posted on such sites will apply in those cases. Please make sure you read all terms of use wherever they appear on Empire Hydrogen sites or those of subsidiary and affiliated companies. Further, if a written agreement exists between Empire Hydrogen and the User (or the User’s employer) governing the use of Empire Hydrogen products, such written agreement shall supersede these Terms of Use entirely.

The following sets out the Terms of Use of this website.

Changes to Terms of Use

Empire Hydrogen is constantly updating and improving this website. As a result, Empire Hydrogen may make changes to this website, including these Terms of Use, at any time. Please review these Terms of Use regularly so that you are aware of any changes made by us. You will be legally bound by the updated or amended terms from the first time that you use this website after we post the changes on-line.

Revocation of Your Rights for Cause

Please remember that Empire Hydrogen has the option to terminate your web site access, without notice for (a) any conduct, that Empire Hydrogen, in its sole but reasonable discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party provider, a service provider or Empire Hydrogen; (b) an attempt to disrupt or interfere with Empire Hydrogen’s servers, networks, computer programs, information or services; (c) attempted use, disclosure or dissemination of any Empire Hydrogen Data or information in violation of these Terms of Use or any other agreement you may have with Empire Hydrogen; and (d) violation of any of the provisions of the Terms of Use, including the “Rights and Responsibilities of Use” section of the Terms of Use, below.

Empire Hydrogen reserves all additional or other rights or remedies available to it, at law or in equity, if Empire Hydrogen determines that a User has allowed or committed access in violation of these Terms of Use. Please see below, “What law and court system governs this website and any disputes?” to be informed as to the laws governing this Terms of Use.

How Using this Web Site Works for You

You become an authorized user and licensee (referred to as “you” or “User”) of Empire Hydrogen Data by accessing, downloading and/or using any Empire Hydrogen Data. The word “Data” means the Empire Hydrogen website (“Site” or “Web Site”) and/or Empire Hydrogen’s data, drawings, table charts, figure, information and/or software products and services. To access certain Empire Hydrogen Data, you may be required to register by (1) completing the registration process; and (2) specifically agreeing to all the provisions of the Terms of Use together with any terms and conditions that are product specific. However, in any case, these Terms of Use apply to You.

You must use your full legal name (and the full legal name of your company) when registering and accessing. Empire Hydrogen may assign a separate identification (“ID”) and password for each authorized User within the company to access the subscribed product or may provide one password for each company, in which case such password may only be shared with your company’s authorized Users at the licensed site. You agree to inform Empire Hydrogen in writing when any authorized User of your company (a) ceases employment with your company; or (b) is no longer an authorized User. You agree that you will be responsible for and liable for any expenses, costs, liabilities, and damages incurred by unauthorized access to your account and/or failure to so inform Empire Hydrogen.

Rights and Responsibilities of Use

(1) Subject to the other terms of this Agreement, Empire Hydrogen grants to User a nonexclusive, nontransferable, nonassignable, revocable right and license to use, but not to own, the Empire Hydrogen Data for a specific term of years (“Term”) as agreed between the parties in writing. If there is no other agreement between the Parties as to Term, Term shall be one (1) year.

(2) The User agrees to hold Empire Hydrogen Data in strict confidence and shall not reproduce, license, sell, reveal, disseminate or make Empire Hydrogen Data accessible in whole or in part, in any manner whatsoever, to others. Other than as set forth herein, User may not permanently retain any Empire Hydrogen Data in any file or on any hard drive, server or other form of memory. No Empire Hydrogen Data may be used to make a commercial product, in whole or in part. The User must not remove any proprietary legends or markings, including copyright notices, electronically encoded information, watermarks, or any Empire Hydrogen-specific markings.

(3) The User may store in memory, manipulate, analyze, reformat, print and display Empire Hydrogen Data for the Term of this Agreement, but such use may only be for internal business purposes and not for retransmission, license, sale, distribution or use by or for third parties.

Empire Hydrogen Data – Software: If any software is offered on the Empire Hydrogen web site, the User may make one copy of the software for archival/back-up purposes, but shall not reverse engineer, recompile, decompile, alter or modify the Empire Hydrogen Software Product. For purposes hereof “archival” means only one copy that is not accessed on a day-to-day basis for reference or other purposes and is only used in emergency situations, such as when User’s access to Empire Hydrogen’s electronic access is unavailable. If there is are additional or other terms of use than these Terms of Use for such software, the User much follow such additional or other terms of use.

(4) Security Measures: Empire Hydrogen may impose whatever security measures it reasonably deems appropriate to ensure compliance with this license, including covert and overt copy-detection and license awareness technology and encoding of User information in printed and electronic formats.

(5) No Assignment or Transfer: This Agreement and the benefit of the rights granted to and the obligations undertaken by User under this Agreement may not be assigned, delegated or in any other manner transferred by User, by operation of law or otherwise, without the express prior written consent of Empire Hydrogen and any necessary recalculation of charges, which may be withheld in Empire Hydrogen’s sole discretion. User may not grant affiliates, subsidiaries or successors-in-interest any right to use Empire Hydrogen Data hereunder without Empire Hydrogen’s express prior written consent, which may be withheld in Empire Hydrogen’s sole discretion, and an increase in charges. Any such attempted assignment, delegation or other transfer will be null and void.

(6) Ownership of the copyright and trade marks on this Site and on Data: The copyright in the contents and any downloads from this website and in or on any Data is owned by or licensed to Empire Hydrogen Energy Systems Inc. or a subsidiary or affiliate of this company, unless otherwise stated. All rights reserved. Empire Hydrogen Energy Systems Inc. You are responsible for obeying all applicable copyright laws. We permit you to make copies of this website as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited. All rights reserved. The Empire logo and name Empire Hydrogen Energy Systems Inc. are trademarks of Empire Hydrogen Energy Systems Inc.

(7) You may not frame this site without our prior written permission.

Termination

(1) Term and Termination of your license to use the Empire Hydrogen Data shall be governed by the specific terms of any agreement you have with Empire Hydrogen or, if no separate agreement exists, then these Terms of Use shall govern. Unless otherwise specified by a particular Empire Hydrogen Product-specific agreement, you may terminate your account or this Agreement at any time by giving written notice to Empire Hydrogen at Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 and discontinuing all use of your account and the Empire Hydrogen Data. Termination under this subsection will be effective on the day Empire Hydrogen receives notice of termination.

(2) Upon expiration or termination of this Agreement for any reason, User will (i) discontinue all use of Empire Hydrogen Data; (ii) destroy any items relating to Empire Hydrogen Data (including but not limited to data, software, and documentation) and purge any Empire Hydrogen Data from all electronic media; and (iii) provide written notice to Empire Hydrogen on the demand of Empire Hydrogen certifying that User has complied with this paragraph. In the event of termination, you will remain bound by applicable use, confidentiality, nondisclosure and indemnity sections of any agreement or these Terms of Use.

Audit

Upon reasonable notice by Empire Hydrogen to User, and not more than once annually (unless prior violations have been discovered), Empire Hydrogen may audit relevant records (and computer usage) at User’s location during normal business hours to enable Empire Hydrogen to ensure User’s compliance with the license.

Our liability to you

While we have made every reasonable effort to ensure all Data are correct, the Data are not comprehensive. Despite our efforts, they may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this website and any decisions you make based on information contained in this website are your sole responsibility. Empire Hydrogen accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it.

In addition Empire Hydrogen cannot accept liability in respect of any interruption, defect, delay in operation or transmission, loss of data, communication or line failure in relation to the website, or unauthorized access to, or alteration of or use of the website by any other party. We are of course happy to discuss with you the implications of any issue raised if you contact us at the address given above.

The information contained in this website neither constitutes an invitation or offer by or on behalf of Empire Hydrogen  or any of its subsidiaries or affiliates to enter into a contract with you nor an acceptance of any offer to enter into a contract with you.

Investment Decisions

ALL DATA PUBLISHED ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION.   None of the material published on this website is intended to qualify, amend, modify or supplement, in any way, the information that Empire Hydrogen discloses pursuant to corporate and securities laws of those Canadian, US or other jurisdictions applicable to Empire Hydrogen.  As such, the information set out on this website should not be used for the purpose of making any investment decision with respect to Empire Hydrogen or its shares.  If you are contemplating investing in Empire Hydrogen, you are advised to contact an investment advisor authorized to advise you on that investment.

Forward Looking Statements

This website may contain Data comprising forward-looking statements that may be identified by words like "outlook", "estimate", "anticipates", "expects" or similar expressions. These forward-looking statements are based on certain assumptions that involve a number of risks and uncertainties and are not guarantees of future performance. Actual results could differ materially as a result of inaccuracies or errors in assumptions, estimations or calculations or changes to Empire Hydrogen's plans, the impact of changes in energy or commodity prices, competition, financing availability, regulatory or environmental issues, weather, general economic, market or business conditions as well as production, development or operating performances or other risks associated with renewable energy developments.

Use of any Hyperlink

Neither we nor any of our subsidiaries or affiliates are responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. We do not accept any liability in connection with any such sites or links. Empire Hydrogen Energy Systems Inc. is not responsible for the content of external internet sites.

Where we provide a hyperlink to a third party's website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website. Such a hyperlink does not signify that Empire Hydrogen or its subsidiaries have reviewed or approve of the connected third party's website or its contents - indeed in certain instances a hyperlink may connect you to a third party's website containing views contradictory to those expressed on our website or otherwise held by Empire Hydrogen and its subsidiaries.

Privacy Policy

This Privacy Policy is incorporated into and is a part of the Terms of Use; it describes Empire Hydrogen' policies and procedures for the collection and use of personal information provided by the user.

Empire Hydrogen may collect and use personally identifiable information directly from the user when the user voluntarily enters information during the registration process, and use of the Site may result in personal data being collected, processed and transferred to Empire Hydrogen entities in countries whose laws may provide only limited protection for such personal data. Empire Hydrogen does not sell, rent or lease its user lists or information to third parties. The types of personally identifiable information that Empire Hydrogen may collect include your e-mail address, internet domain, IP address, full name, title, company affiliation, address, and work phone numbers. By using or accessing the Site, the user expressly consents to any collection, processing, use or transfer of such personal data. Empire Hydrogen currently uses the information for the purposes of providing the user with information or products requested by the user, for providing information on extent of user, whether or not requested by user, to provide customized product and service information, and to allow the user to voluntarily participate in mailings, sweepstakes, promotions or other events. By accessing or using the Site, you also agree that you may be unable to access such information, correct inaccuracies or remove personal information. Empire Hydrogen will not be liable to the user or any third party for damages resulting from the use, transfer or collection of any personal information. Empire Hydrogen may store the content and disclose it if required to do so by law, to respond to claims that any content violates third party rights or to protect the rights, property or personal safety of Empire Hydrogen, the users and the public.

Empire Hydrogen may also disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with legal process served on Empire Hydrogen; or (ii) protect and defend Empire Hydrogen's property rights in and to its Data, or the security or safety of its users and Site.

Empire Hydrogen reserves the right to collect user information via "cookies." Cookies are text files placed by a user's browser by a web server to the user's hard disk, and are an industry standard used by most major websites. They cannot be used to run programs or deliver viruses to your computer. Users have the option to set their browsers so that they have the ability to refuse cookies.

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires. We may store your personal information in our customer management system and may send you information about our products and services. You may opt out of receiving such information by sending a written request to Empire Hydrogen, Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 7.

If you are an individual resident in a Member State of the European Union, please refer to our Privacy Policy for Europe below.

In summary, you acknowledge and agree that Empire Hydrogen may collect, use and disclose your personal data as described in this Privacy Policy and any amendments hereto. You also acknowledge and agree that Empire Hydrogen may transfer your personal data outside of the European Union for purposes described in this Privacy Policy. You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 . We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Entire Agreement

These Terms of Use set forth the entire agreement of the User and Empire Hydrogen, and supersede any prior agreements, promises, representations, understandings and negotiations between the parties, with respect to the subject matter hereof. Any modifications, amendments, supplements to or waivers of this Agreement must be in writing and executed by authorized representatives of both parties. These Terms of Use may not be altered by action, inaction or course of dealing between the parties. These Terms of Use may only be altered by (a) prior written mutual agreement between USDataLibrary.com and User; or (b) Empire Hydrogen posting revisions on the Site. Where English Law applies to this Terms of Use, nothing herein shall operate to limit or exclude any liability of either Empire Hydrogen or User which by law it cannot exclude, including fraud and fraudulent misrepresentations. Notwithstanding anything to the contrary herein, where User has executed a written agreement with Empire Hydrogen and has its access governed by “single site sign-on,” the terms and conditions of such written agreement shall govern and supersede the terms and conditions of this Agreement. If a User is a party to an agreement or contract with Empire Hydrogen other than or in addition to this Terms of Use, then that agreement or contract will also be valid and effective.

What law and court system governs this website and any disputes?

Your use of this website and downloads from it, and the operation of these Terms of Use, shall be governed in accordance with the laws of the Province of Alberta and, where applicable, Canada (for Users located in the United States and Canada) or the laws of England and Wales (for Users located outside the United States and Canada), in each instance, as though such jurisdictions’ choice of law provisions did not exist. The courts of Alberta (for Users located in the United States and Canada) and those of England (for Users located outside the United States and Canada) shall have exclusive jurisdiction over any dispute arising out of your use of this website. Where English Law applies to these Terms of Use, no term is intended for the benefit of any third party and neither Empire Hydrogen nor User intends that any term should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. This Terms of Use does not affect your statutory rights.

Please note that you further agree that a breach or threatened breach by you of a User would irreparably harm Empire Hydrogen in a way that could not be adequately and compensated for by damages. Consequently, you agree that Empire Hydrogen has the right, in addition to any other rights or remedies it may have arising out of the breach, to obtain temporary, preliminary and permanent injunctive relief without the necessity of proving actual damages and without any bond or other security being required.

In the event that any or any part of the terms contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms that shall continue to be valid and enforceable to the fullest extent permitted by law.

Thank you. Comments?

Thank you for complying with these Terms of Use. If you have any queries or comments concerning the operation of this website please contact us at the postal address above.

Privacy Policy for Europe

Data Controller

Any personal information that you provide on the Empire Hydrogen Energy Systems Inc. (“Empire Hydrogen”) website at www.empirehydrogen.com is controlled by Empire Hydrogen, 5Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 .

Your personal information

Occasionally you may be asked to submit personal information about yourself (e.g. name, address and email address) in order to receive or use services on our websites. Such services include details of our products and services, newsletters, publications, information and proposals.

By entering your details in the fields requested and submitting your information on the website, you are consenting to the processing of your information by Empire Hydrogen and its agents in accordance with this Data Policy. You may also provide personal information to us when you contact us by email, telephone or letter. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you have requested. Empire Hydrogen will, at all times, act in accordance with current legislation and aim to meet current Internet best practice.

Use and storage of your personal information

When you supply any personal information to Empire Hydrogen we have legal obligations towards you in the way we deal with that information. We must collect the information fairly, that is, we must explain how we will use it. This Data Policy explains how we will use your personal information. The 'Data Protection Notice' that you will find present whenever personal information is collected will provide additional information about how your personal information will be used by Empire Hydrogen.

We will use personal information provided by you or gathered by Empire Hydrogen for the following purposes:

  • To process and respond to requests, enquiries and complaints received from you
  • To provide you with information or to provide you with our products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To communicate with you about information and/ or services provided to you
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To keep our records up-to-date
  • To notify you about new features on our site and changes to our service.
  • To contact you about any contribution which you have made to our site.
  • To analyse customer trends
  • For audit purposes
  • To carry out customer satisfaction research
  • To recommend products and services that we believe will be of interest to you
  • To ensure that content from our site is presented in the most effective manner for you and for your computer
  • To enable third parties to carry out any of the purposes above on our behalf.

We may also use your data, or permit selected third parties to use your data, to provide you with information about products and/or services which may be of interest to you and we or they may contact you about these by post or telephone.

Calls to and from Empire Hydrogen may be recorded to monitor and improve our customer service.

If you are notified that your personal information may be used to allow Empire Hydrogen to contact you for 'service administration purposes', this means that Empire Hydrogen may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that the particular service has been suspended or changed.

We will not contact you for promotional purposes, such as notifying you of new offers and grants relating to sustainable energy use, unless you specifically agree to be contacted for such purposes at the time you submit your information on the website, or at a later time if you sign up specifically to receive such promotional information.

Where you have opted-in to future communications, we will, on each subsequent communication, offer you an easily executable 'opt-out' option, which will allow you to remove yourself from any future mailings.

Sharing of your personal information

Empire Hydrogen may share your personal information with third parties in the following ways:

We sometimes use agents and service providers to process personal information on our behalf. For example, we use third parties to carry out site inspections to assess grant legibility, to send postal mail, to carry out credit checks and to maintain our IT systems. Where we use agents and service providers to process your personal information, we will ensure that they have adequate security measures in place and comply with our privacy policies in respect of the use of your personal information

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
  • If Empire Hydrogen or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Empire Hydrogen, our members, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • If you post or send offensive, inappropriate or objectionable content anywhere on or to our site, or otherwise engage in any disruptive behaviour on our site, or are otherwise in breach of the terms of our Terms of Use we may use your personal information to stop such behaviour.
  • Where we reasonably believe that you are or may be in breach of any of the laws of England or Wales (e.g. because content you have posted may be defamatory), we may use your personal information to inform relevant third parties such as your employer, e-mail/Internet provider or law enforcement agencies about the content and your behaviour.
  • When you have given your consent to that release.

Empire Hydrogen may occasionally present a promotion that is sponsored by a third-party company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s) we will make this clear at the point of collection of your information

Use of Cookies

During the course of any visit to Empire Hydrogen website, the pages you see, along with something called a cookie, are downloaded to your computer. Most, if not all, websites do this, because cookies allow the website publisher to accumulate useful data such as whether the computer (and sometimes its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

We use cookies to help us to provide you with a better service and to assist us to analyse the profile of our visitors. From time to time we will review the information cookies provide on how the website is used in order to improve navigation and increase the relevance of content.

What is a cookie?

When you enter a website your computer will automatically be issued a cookie. Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many websites do this whenever a user visits their website in order to track traffic flows.

Cookies themselves only record those areas of the website that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user.

Access to your personal information

You have the right to request a copy of the personal information Empire Hydrogen holds about you and to have any inaccuracies corrected. We will ask for confirmation of identity before we disclose any personal information and may charge a £10 administration fee to process the request. Please address requests to the Data Protection Officer, Empire Hydrogen, Suite 7 - 10189 MacDonald Park Road, Sidney, BC, Canada V8L 5X5 .

Right to stop marketing communications

You have the right to ask us not to process your personal information for marketing purposes. We will always inform you before collecting your information if we intend to use your information for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your information. You can also exercise the right at any time by contacting us.

Changes to the Data Policy

We may update this Data Policy from time to time. Any changes we may make to the Data Policy in the future will be posted on this page.