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TERMS OF USE

Introduction

You have accessed the web site of New Leaf Energy, LP and its parents, subsidiaries, and affiliates ("New Leaf Energy"). For purposes of these Terms of Use, the "Site" includes the web site of New Leaf Energy (https://www.newleafgreenenergy.com/). Please read these Terms of Use carefully before using the Site. By accessing and browsing the Site, you agree to these Terms of Use with New Leaf Energy. If you do not agree to all of these Terms of Use, please exit from this site immediately.

The Site is comprised of various documents and web pages created and maintained by New Leaf Energy. While accessing and using the Site, you may be able to order services or pay bills online or conduct other business with New Leaf Energy through the Site (the "Services"). The Site and the Services are offered to you on the condition that you accept, without modification, the terms and conditions contained in this document. Your use of the Site and any Services constitutes your agreement to all such terms and conditions.

New Leaf Energy may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted at this web site. Your continued use of the web site will mean acceptance of those changes.

The terms "New Leaf Energy," "Company," "we," and "our" are used in this site for purposes of convenience and are intended to refer to New Leaf Energy and/or its affiliates, subsidiaries, or related parties either individually or collectively, as the context may require. These references are not intended to suggest that the various New Leaf Energy companies referred to are not independent corporate entities having separate corporate identities and management.

Communication and Privacy

New Leaf Energy owns the Site. If you have any questions about our Web Site Terms of Use and Policies, you may contact us:

By Email: CustomerCare@NewLeafGreenEnergy.com

By Mail:
New Leaf Energy
c/o Corporate Marketing, Digital Services
12 Greenway Plaza Suite 250
Houston, TX 77046

We know that many visitors to our site are concerned about the information they may provide and how we may use that information. Our Privacy Statement governs the collection, use, retention, and disclosure of information we gather from the Site, and is available on the Site.

No Solicitation

The information provided through the Site is intended solely for the general knowledge of visitors to the Site and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of New Leaf Energy. The information contained in this Web Site does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.

Currency and Accuracy of Information

Although New Leaf Energy makes reasonable efforts to ensure that the information provided through the Site is current and accurate, New Leaf Energy makes no representations or warranties as to the accuracy, reliability, completeness. or timeliness of such information. All information is provided "as is" without any representation, warranty, or condition as to its accuracy or reliability.

Certain documents and other materials on the Site, including presentations and documents filed by New Leaf Energy with regulatory authorities of selected jurisdictions and listed and/or linked to the Site, speak only as of the dates on which such documents and materials were filed or otherwise used by New Leaf Energy. The contents of such documents or materials may become out-of-date, however, New Leaf Energy makes no commitment and disclaims any duty to update those documents and materials.

Intellectual Property

The Site and its contents are protected by copyright, trademark, and other proprietary rights of New Leaf Energy or third parties. New Leaf Energy names and logos, and all related product and service names, design marks, and slogans are the trademarks or service marks of New Leaf Energy. Except as expressly permitted herein, no portion of this web site or its contents, including trademarks, logos, and service marks, may be reproduced, displayed, or used in any form, or by any means, without prior written permission from New Leaf Energy or the applicable third party.

New Leaf Energy hereby grants to you a non-exclusive and non-transferable license to view and print documents and web pages located on the Site for non-commercial or educational use within your organization only, subject to the following conditions:

  • The material may only be used for non-commercial purposes;
  • The copies must retain any copyright or other intellectual property or proprietary notices contained in the original material;
  • The products, technology, or processes described on the Site may be the subject of other intellectual property rights reserved by New Leaf Energy or by other third parties. No license is granted in respect of those intellectual property rights; and
  • Images, tables, and drawings on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).

The information and content on the Site shall not be used for any other purpose. The documents and web pages on the Site may not be reproduced, republished, re-transmitted, sold, modified, or exploited in any other way.

No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, stopple or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark, or copyright of New Leaf Energy or of any third party. New Leaf Energy and/or any third party owner of such rights retain all such rights. New Leaf Energy reserves the right to require you to delete, destroy, or otherwise remove any content that is used in a manner that in New Leaf Energy's sole opinion is contrary or otherwise inappropriate, derogatory, or offensive.

You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame, or decrypt any of the contents of the Site.

Use of the Site

You may use the Site for lawful purposes only. You are prohibited from use on the Site, or transmitting to or through the Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful, or ethnically, racially, or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.

Any information submitted or communicated to New Leaf Energy through use of the Site or Services that does not include personal information or data about you is non-confidential and non-proprietary and New Leaf Energy may, without compensation to you, incorporate, distribute, or otherwise use such information for any commercial or non-commercial purpose. New Leaf Energy is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion. Any personal information or data submitted to New Leaf Energy through use of the Services or Site is governed by the terms of the Privacy Statement.

New Leaf Energy may provide software for download or use on the Site. Any software provided on the Site is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that is governed by an end user license agreement unless you first agree to the terms of the end user license agreement.

Disclaimer of Liability

The Site contains general information and may contain errors, omissions, and inaccuracies. New Leaf Energy assumes no liability or responsibility for any such errors, omissions, or inaccuracies or any other limitation that may arise in relation to the Site. The Site content should not be relied upon for any personal, commercial, or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. New Leaf Energy may make modifications and/or changes to the Site at any time without notice.

THE SITE IS PROVIDED "AS IS " AND "AS AVAILABLE" AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. NEW LEAF ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEW LEAF ENERGY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.

THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. NEW LEAF ENERGY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS IMPLIED BY STATUTE. Some jurisdictions may not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you.

NEW LEAF ENERGY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE FROM THE SITE INCLUDING AVAILABLE FROM ANY LINKS.

IN NO EVENT SHALL NEW LEAF ENERGY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE, OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, SITE, OR THE INTERNET GENERALLY.

IN ALL OTHER CIRCUMSTANCES, NEW LEAF ENERGY'S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF $10.00 (USD).

References and Links to Third Party Sites

The Site may refer to other individuals, companies, entities, organizations, products, or services. Such references do not and shall not imply any endorsement or recommendation by New Leaf Energy of such individuals, companies, entities, or organizations or their products or services. The Site may contain links and other references (collectively the "Links") to other web sites. These Links are supplied to you merely as a convenience, and the inclusion of any Link does not imply any approval or endorsement or recommendation of that third party or their related information, products, or services or any link contained in a Linked site, or any changes or updates to a Linked site. New Leaf Energy is providing these Links as a convenience, and the inclusion of any link does not imply endorsement by New Leaf Energy of the site or any association with its operators.

Links to this Site may also be provided from other sites either known or unknown to New Leaf Energy. Access to any other web site linked to or from the Site is at your own risk. New Leaf Energy has not reviewed and is not responsible for the content of any third party sites linked to or from the Site and does not make any representations regarding the content or accuracy of materials on such third party sites.

You accept all risks, losses, and damages that result from your use of the forgoing referenced entities, products, services, and Links.

Additional Terms

New Leaf Energy may revise and update these Terms of Use at any time without notice. It is your obligation to review these Terms of Use from time to time to ensure that you agree with such terms, as modified. If you do not agree with such modified terms, you are required to stop using the Site.

If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law, then such invalid or unenforceable term will be deemed struck from these Terms of Use. In any event, the remaining provisions in these Terms of Use shall continue in full force and effect.

Jurisdiction and Arbitration

Access to this web site is governed by all applicable federal, state, provincial, and local laws, and, in the case of users resident outside of Canada or the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and other applicable law.

The laws of the Province of Ontario, Canada shall govern any dispute arising out of the use of this web site or these Terms of Use. You also agree to submit to the exclusive jurisdiction and venue of the courts located therein. In the event of any dispute with New Leaf Energy arising out of or related to these Terms of Use or your use of the Site, you agree to submit such dispute to binding arbitration under the procedure provided by the Arbitration Act (Ontario).

Acceptance of Terms of Use

New Leaf Energy maintains the Site to provide you with Services and information about New Leaf Energy. By using the Site, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

This agreement constitutes the entire understanding and agreement between you and New Leaf Energy with respect to the Site and your use of same.

Last Amended: October 8, 2013