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360 Carbon Excellence Program

Website Terms and Conditions

By using this website, the USER is agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully before registering to participate in the 360 Carbon Excellence Program (the “Program”) or using this Site. It is a condition of registration and use that USER agrees and is subject to these terms, (the “Terms”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE OF THIS SITE, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND MUST DISCONTINUE USE IMMEDIATELY.

1. Acceptance of Agreement. By clicking “I Accept”, USER agrees to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to this Site. This Agreement constitutes the entire and only agreement between 360 Energy and any user of this Site (“USER”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Site, the content, goods and services provided by or through this Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to obtaining any services being offered on this Site. This Agreement may be amended by 360 Energy from time to time without specific advance notice to the USER. Your use of this Site will be subject to the most current version of this Agreement posted on the Site at the time of such use.

2. Terms of Use. In registering and participating in the Program, the USER acknowledges and agrees that it is providing true and accurate information in its application form for the Program and is qualified to participate in the Program and fulfills the criteria for the Badge being applied for under the Program. The USER further acknowledges and agrees that failure to comply with and satisfy the criteria for the particular Badge applied for under the Program, will result in a rejection of the USER’s application by the committee responsible for the scrutiny of all applications made under the Program. “User” shall be defined as anyone who registers for or on behalf of an entity or any entity on whose behalf an application has been submitted under the 360 Carbon Excellence Program.

3. Registration, Login, Password and Security. In order to participate in the Program, USER will be required to register and pay all required charges, fees and taxes (where applicable), and complete the registration process by providing true, accurate and complete information as prompted by the Site’s registration form and ensure that the information provided is updated at the time when engaging in the Program. The USER will receive a username, password and account designation upon completing the registration process. USER is responsible for maintaining the confidentiality of the username and password assigned and for all activities that occur under the assigned username and password. USER acknowledges and agrees that 360 Energy grants the USER a personal, non-transferable and non-exclusive right and license to access the Program via the assigned username and password. Therefore, USER shall not provide the assigned login information to any third party so that the third party can gain access to the Program.

4. User Conduct. The USER shall only use this Site for the purpose intended under the Program and is solely responsible and liable for the accuracy and integrity of all information the USER uploads through its USER portal or otherwise and any Claim arising therefrom due to any errors, omissions or inaccuracy in the information provided.

USER shall not use the Site in any manner to create, upload, post, or otherwise transmit any material or information which: (a) is libelous, obscene, violent, scandalous, discriminatory or defamatory, (b) contains viruses or other contaminating or destructive features, (c) violates the personal, proprietary, or intellectual property rights of any third party, or (d) in any other manner contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other legal requirements.

5. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 6, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

6. Limited Right to Use. The viewing or downloading of any information, content, materials, forms or documents from or to the Site grants the User only a limited, non-exclusive license for use solely by the USER. Except as otherwise indicated elsewhere on this Site, you may view, download and print the materials available on this Site through your account only provided that: (a) You are in compliance with the terms of this Agreement, and (b) you do not remove any copyright, trademark or other proprietary notices contained in the document retrieved. The rights granted to the USER constitutes a limited license and not a transfer of title.

7. Termination of User Account. The User acknowledges and agrees that 360 Energy, in its sole discretion, may at any time terminate USER’s username, password, account (or any part thereof) and access to the Program, and remove and discard any information provided by the USER, for any reason, including, without limitation, at the end of your subscription period or upon failure to pay the requisite fees for using the Program, if 360 Energy believes that USER has violated or acted inconsistently with the letter or spirit of the terms of this Agreement or any other agreement to which the USER is a party under the Program.

360 Energy may at its sole and unfettered discretion and at any time, without notice, discontinue to the Program. The limitations and disclaimers of warranties, the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive any such termination.

8. Editing, Deleting and Modification. 360 Energy reserves the right at its sole and unfettered discretion at any time and from time to time, without notice, modify, edit, delete or discontinue, temporarily or permanently, the Program and any documents, information

or other content appearing on the Site whether or not uploaded by the User. The User agrees that and the Indemnified Party as defined in Section 9, shall not be liable to the User or to any third party for any modification, suspension, editing, deletion or discontinuance of the Program.

9. Indemnification. THE USER SHALL INDEMNIFY, DEFEND AND SAVE HARMLESS, , ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, COSTS, AND EXPENSES (“LOSS”) OF ANY KIND WHATSOEVER ARISING FROM ANY CLAIM BROUGHT AGAINST THE INDEMNIFIED PARTY DUE TO: (A) ANY INACCURATE OR UNTRUE INFORMATION SUBMITTED BY THE USER IN THE USE OF THE PROGRAM; (B) ANY VIOLATION BY THE USER IN THE USE OF THIS SITE; (C) THE USER’S CONDUCT OR MISCONDUCT IN DEALING WITH OTHER USERS OF THE SITE OR THE PROGRAM; or (D) THE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER USER OR THIRD-PARTY IN THE USE OF THIS SITE AND OR PARTICIPATION IN THE PROGRAM.

10. Disclaimer. THE USER ACKNOWLEDGES AND AGREES THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK AND RESPONSIBILITY AND THAT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITITES AND OR WARRANTIES, RELATING BUT NOT LIMITED TO: (A) THE ACCURACY OR TRUTH OF THE INFORMATION AND OR CONTENT PROVIDED HEREIN BY OR ON BEHALF OF THE USER; (B) THE PROGRAM AND OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM WILL BE EFFECTIVE, WITHOUT ERROR, RELIABLE OR MEET YOUR EXPECTATIONS; (D) THE SITE MAY NOT CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

SHALL HAVE NO LIABILITY IN THE PROVISION OF THE SERVICES, THE CONTENT OR INFORMATION PROVIDED BY THE USER. IN PARTICULAR, BUT WITHOUT LIMITATION, THE INDEMNIFIED PARTY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AND USER AND THE PROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. Privacy Policy. will use the information provided by the USER for the purpose of the USER’s participation in the Program and to use any feedback provided by the USER for the improvement of the Site and or the Program. will use its commercially reasonable efforts to ensure that the information submitted by a USER via

the Site will be treated with the utmost confidentiality. The information captured may include but is not limited to, the name of the officer of the entity being registered, their e-mail address, mailing address and phone number. This will be obtained where a USER request information in respect of the Program or chooses to participate in the Program. Please visit of Privacy Policy page at https://360energy.net/privacy-policy/ for further information.

12. Security Statement. The Program is hosted on the AWS cloud platform and uses a tenant model of data structure. Each client of AWS, including has their own S3 bucket to store data as well as their own independent credential groups using AWS Cognito and IAM as the access management provider.

While reasonable cyber security measures are in place to ensure that website is virus free and not easily accessible to hackers. Despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure hence we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our commercially reasonable best to protect the information submitted or transmitted to or via our Site, cannot warrant that the Site and its server(s) or the AWS cloud platform or any of its third party sites are free of viruses or other harmful material. Therefore, USER must take reasonable and appropriate precautions to scan for computer viruses and should ensure that USER have its own cyber security measures in place when using the Site. All responsibility or liability for any damages caused by viruses resulting from the USER accessing the Site are disclaimed.

The Indemnified Party will not be liable for failure to perform the services offered on this Site if such failure is caused by the occurrence of a cause beyond the reasonable control of the Indemnified Party including, without limitation, outages of the Internet or connections thereto, communications outages, direct and or third-party hacking, flood, fire, war, act of God, or any acts of governmental bodies or authorities.

360 Carbon Excellence is committed to protecting all USER information submitted on this Site. If you have any questions or concerns about our security policy, please contact us at: 1 (877)-431-0332 or email us at info@360energy.net