Terms of Use

The FirstCarbon; ghgTrack™ website and the information and material presented on it are the exclusive property of FirstCarbon; Corporation. Use, duplication and/or disclosure of any information presented are subject to the terms set forth below.

By accessing all or any part of this website, you agree that you are at least eighteen (18) years old and that you consent to, and shall be bound by these terms and conditions, as in effect at the time of such access. Each time you access this website, these terms and conditions should be reviewed because FirstCarbon; reserves the right to change these conditions from time to time. All users of this website are also subject to the FirstCarbon Privacy Policy, and you hereby agree to review such policy.

Copyright Notice

Copyright ©2000-2010 FirstCarbon Corporation. All rights reserved. Copyright ©2010 ghgTrack&trade. All rights reserved.

FirstCarbon Corporation ("FirstCarbon") hereby grants you only the right to download, display and view website content that is available to public access (that portion of the website that is not password protected) for your personal, non-commercial uses only. You may not copy, reproduce, sell, publish, transmit, modify, display, repost, hyperlink or otherwise use or distribute any portion of the information or content available to public access, or any portion of the information or content that is password protected, without the express written consent of FirstCarbon. The website design, text, graphics and the selection and arrangement of the design, text and graphics are the property of FirstCarbon. All rights reserved.

Trademark Notice

FirstCarbon, ghgTrack, and all FirstCarbon-based trademarks and logos, and the phrase ìSimplifying a Complex Environmentî are trademarks of FirstCarbon Solutions. All other products, logos, service marks or trademarks are the property of their respective owners. Elements of FirstCarbonís website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted in writing by FirstCarbon.

Site Content

FirstCarbon makes no representations about the suitability of the content of this site for any purpose. All content is provided "as is" without any warranty of any kind. FirstCarbon hereby disclaims all warranties and conditions with regard to the content, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Although FirstCarbon believes the content to be accurate, complete, and current, FirstCarbon makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors.

IN NO EVENT SHALL FirstCarbon Solutions AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT.

From time to time changes are made to the content herein. FirstCarbon may make changes in the products, prices, and/or the services described herein at any time.

Information that you send or receive from the FirstCarbon corporate website via the Internet may be subject to misappropriation and misuse by third parties. Neither FirstCarbon nor any of its representatives or employees is liable for any damages or costs that you might incur out of, or in connection with your use of this Website.

Any opinions expressed herein are solely those of the creators of the material and are not necessarily the opinions of FirstCarbon, its subsidiaries, its suppliers, or its affiliates, or of the management of those entities.

Links and Third Party Information

This Website may contain links to websites operated by parties other than FirstCarbon Solutions that may direct the user to sites that we do not control. The sites linked from this website are not part of this website and FirstCarbon has no responsibility or liability for the content, availability or reliability of those sites or for any materials, products or services that may be accessed through any such links. FirstCarbon is not responsible for any changes or updates to such sites. FirstCarbon provides these links to you solely as a convenience. The inclusion of any link does not constitute nor imply endorsement by FirstCarbon of the linked site. FirstCarbon has the right, without notice, to review, edit or delete links and third party material on this website.

Intellectual Property Rights

Portions of this website require a password to access. You may not enter the password protected portions of the website unless and until you purchase specific products or services from FirstCarbon and also agree to separate license agreement or agreements regarding such products or services. Any and all software products contained in and offered on this Website are the copyrighted work of FirstCarbon Solutions and/or its suppliers. The purchase, accessing and use of any FirstCarbon software products and services require, and will be governed by, the terms of a separate license agreement or agreements. You will have an opportunity to review and accept or reject the terms of such agreements before utilizing the products and services. FirstCarbon reserves the right to refuse to sell to, or provide services to, users in its sole discretion.

FirstCarbon, and FirstCarbon third party providers, own all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the information, content and products contained in and offered on this Website, including all software (in object code and source code form), services, any corrections, bug fixes, enhancements, derivatives, updates or other modifications, including custom modifications, to the software and the services, whether made by FirstCarbon or any third party, any data or information developed or provided by FirstCarbon or its suppliers, and any know-how, methodologies, equipment, or processes used by FirstCarbon to provide the services to users (collectively, the "Materials"). Nothing in these Terms and Conditions shall be construed to grant any rights to you or any other user in any of the Materials or in any source code, software, products, systems or services used in connection with the Materials. The Materials supplied by FirstCarbon are confidential and proprietary trade secrets of FirstCarbon, protected by law, and of substantial value to FirstCarbon. You agree to notify FirstCarbon immediately of the unauthorized use of the Materials. You hereby agree not to challenge the rights of FirstCarbon in and to the Materials, including without limitation, the copyrights in the software. In the event that you, (or any of your officers, directors, employees or representatives), breach, attempt to breach, or threaten to breach any of the provisions of this Section, FirstCarbon shall have the right, in addition to such other remedies that may be available, to seek temporary and permanent injunctive relief, without posting bond, enjoining such actions or attempts, it being acknowledged that FirstCarbon would suffer irreparable injuries and that legal remedies are inadequate.

Username, Password and Account

If you purchase FirstCarbon software products or services available through this website and agree to FirstCarbonís license agreement or agreements, you may receive a username and a password and an account will be opened in your name which enables you to access password protected portions of the website. You will be responsible for maintaining the confidentiality of your username, password and account. You will be responsible for all activities that occur under your username, password or account. You agree to exit from your account at the end of each visit to this website. You agree to immediately notify FirstCarbon of any unauthorized use of your username, password or account. FirstCarbon will not be liable for any loss or damage arising from your failure to comply with the above policy.

Limitation of Liability And Warranty

The purchase and use of any FirstCarbon software products and services requires, and will be governed by, the terms of a separate license agreement or agreements. Any reproduction or redistribution of FirstCarbon software products not in accordance with the license agreement or agreements is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR AGREEMENTS. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT OR AGREEMENTS, FirstCarbon Solutions HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Other Limitations On Use

You agree not to use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce this website. You agree not to interfere with the functionality of this website by: (i) uploading, e-mailing or transmitting any material that contains software viruses or any other computer code, files or programs designed to destroy or limit the functionality of this website, FirstCarbon computer software, hardware or telecommunications equipment; (ii) disrupting the normal flow of this website, causing a screen to scroll faster than it can be usable or acting in a manner that limits other's use of this website; (iii) otherwise modifying the FirstCarbon website or interfering or attempting to interfere with the proper operation of this website, including through the use of any device, software or routine, or (iv) using this website to disrupt the servers or networks connected to the web server. You agree not to use this website to forge headers or identifiers in an effort to disguise the origin of content transmitted through this website, impersonate any person or entity, or misrepresent your affiliation with a person or entity. You agree not to use this website to upload, email or transmit (i) any content that is unlawful, threatening, harassing, vulgar, libelous or racially or ethnically objectionable or (ii) any unauthorized advertising, junk mail, spam, chain letters or any other form of solicitation. You agree not to use this website to directly or indirectly violate any local, state, national or international law. You agree not to use this website to collect or store personal data about other users.

Indemnification

You agree to indemnify and hold harmless FirstCarbon from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which FirstCarbon (and its and their officers, directors, agents and any party controlling, controlled by or under common control with such party) may incur as a result of either: (i) your breach of these Terms and Conditions; or (ii) material entered into this website by you. FirstCarbon reserves the right to assume the exclusive defense and control of any such matter for which you have agreed to indemnify FirstCarbon in which event you shall have no further obligation to indemnify with respect to that matter.