6.1 SO strives to provide access to www.sustainonline.com on a continuous basis. To that end, SO will take all commercially reasonable efforts to provide uninterrupted access.
6.2 However, from time to time, Individual Users may be unable to use the License due to conditions beyond SO ’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law.
6.3 Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.
6.4 In response to any unavailability of the License to the Individual Users, SO will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
6.5 SustainOnline shall be available in accordance with Service Level Agreement (Appendix B)
6.6 SO endeavours to provide the highest quality content. To that end, SO reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of www.sustainonline.com in whole or in part, including, without limitation, the Content, availability, and access. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site, email, and within the platform notification.
6.7 SO may also provide Content from third parties such as scientists, environmental specialists, etc. (“Content Providers”). This content will be sourced responsibly and may be available for further review off of the SustainOnline platform. .
7. Intellectual Property Rights – Hyperlinks
7.1 SO makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the Content provided by third parties. This includes, but is not limited to, any information found on a link located on www.sustainonline.com that allows users to access information found on another site or from a third party. Additionally, SO does not warrant the existence or functionality of any website which can be accessed through a link located on this Site. Access to these links may be restricted due to firewall, intranet, etc., which is beyond the control of SO and may be an issue with the external organization.
7.2 SO, or its third-party Content Providers, shall retain all worldwide rights in the intellectual property in and on www.SustainOnline.com, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content.
7.3 Nothing in this Agreement grants the Customer an express or implied license to use any of SO intellectual property.
8. Disclaimers and Limitation of Liability
8.1 Individual Users access www.sustainonline.com at their own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. SO does not warrant any particular result from use of the software or Site. SO does not warrant that the Content on the Site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, virus-free or completely secure.
8.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall SO or any of its affiliates, agents, employees, shareholders, directors, officers, third party Content Providers, successors or assigns be liable for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
8.3 In no event will SO be liable for any damages in excess of the amount SO received from the Customer for access to www.SustainOnline.com, even if SO have been informed of the possibility of such damages, or for any claim by any other party.
8.4 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of SO, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. SO is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
9. Data Protection
9.1 The Client consents to SO holding and processing all necessary personal data relating to the Services.
9.2 SO shall comply with the relevant obligations under the Data Protection Regulation, and other applicable laws and associated codes of practice when processing this data.
10.1 Any information exchanged between the Parties shall be kept strictly confidential by each Party (“Confidential Information”). The Parties shall neither use in any form nor disclose to any third party any Confidential Information unless explicitly authorized.
10.2 The Parties shall ensure that their employees, directors and any other representatives, as well as the advisors of each Party to whom any such Confidential Information is entrusted, comply with these restrictions.
10.3 Without limiting the generality of the foregoing, the term Confidential Information shall include in particular:
10.3.1 any information regarding this Agreement, the commercial terms, and conditions thereof, and