Revocation of Your Rights for Cause
How Using this Web Site Works for 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.
(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.
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.
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.
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.
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.
What law and court system governs this website and any disputes?
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.
Thank you. Comments?
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.
- 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
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.