Privacy Policy

Terms of Use

Last updated: 05.03.2025

These website terms and conditions (“Terms”) are entered into by and between you and Qymera Energy (“Qymera”, “we”, “us,” or “our”) and govern your access to and use of our websites that link to these Terms, and all services, materials, tools, and functionality provided by us in connection with our website (collectively, the “Website”).  The term “you,” as used in this these Terms, means any person or entity who accesses or uses the Website.  

Please read the following Terms carefully as they affect your legal rights. These Terms contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Agreement” section below.

By using the Website, you accept and agree to be bound and abide by these Terms.  If you do not accept these Terms, please do not access or use the Website. 

These Terms do not modify any separate agreement that you have in place, or terms you have agreed to, that govern our services.  

1. CHANGES TO THE TERMS 

We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them, and your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.  

2. ACCESSING THE WEBSITE

We reserve the right to terminate, alter, or amend the Website, any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

3. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality are owned by Qymera, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property rights laws.  All rights not specifically granted herein are reserved by Qymera.

These Terms permit you to use the Website for your personal use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except for your personal use.  If we provide social media features, you may take such actions as are enabled by such features.

No right, title or interest in or to the Website or any content on the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by Qymera.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

4. TRADEMARKS

All trademarks, service marks, logos and trade names which appear on the Website, whether registered or not (including but not limited to: the word mark “Qymera” and the Qymera logo) (the “Marks”) are and remain the exclusive property of Qymera or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Qymera’s prior consent, which shall be in Qymera’s sole discretion.  The use of any of the Marks on any other website is prohibited without the express written consent of Qymera.

5. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms.  You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Qymera, a Qymera employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Qymera or users of the Website or expose them to liability.
• If you are a competitor, or for purposes of monitoring the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes.
  Additionally, you agree not to:
• Use the Website or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring, scraping, or copying any of the materials on the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
   

6. NO RELIANCE ON INFORMATION POSTED

While we may periodically update or correct information presented on this Website, and such information, or other information on this Website, may include typographical errors and/or technical inaccuracies and/or omissions.  We make no representation or warranty as to the accuracy of any information on this Website and expressly disclaim any obligation to update such information.  We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

The Website may include content and/or materials provided by third parties.  All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of Qymera.  We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.

7. PRIVACY

Our Privacy Policy describes our collection, use and disclosure of personal information in connection with the Website.  Our Privacy Policy is expressly incorporated into these Terms, and by using the Website you agree to the collection, use and disclosure practices in our Privacy Policy.

8. THIRD PARTY WEBSITE LINKS AND OTHER INFORMATION; SOCIAL MEDIA

The Website may contain links to websites that are owned and controlled by third parties that are not within Qymera’s control, which are for your convenience only.  The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites.  We are not responsible and cannot be held liable for the content and activities of these sites.  You therefore visit/access these sites entirely at your own risk.

The Website may include content and/or materials provided by third parties.  All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of Qymera.  We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.

The Website may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, and others (“Social Network Features”).  While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms of each such third party site.  You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

9. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NEITHER QYMERA NOR ANY PERSON ASSOCIATED WITH QYMERA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER QYMERA NOR ANYONE ASSOCIATED WITH QYMERA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE AND THE CONTENT.  

10. LIMITATION ON LIABILITY

IN NO EVENT WILL QYMERA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold Qymera (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Website; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms.

12. SEVERABILITY; WAIVER

If any provision of these Terms is held unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms is not construed as a continuing waiver of other breaches of the same or other provisions of these Terms.   

13. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@qymera.ca.