One Earth | Terms of Use

Terms of Use

Effective date: February 7, 2024

Thank you for visiting One Earth One Home (hereinafter referred to as this "Site"). This Site is managed by NCX Market Innovations Inc. (hereinafter “NCX"). You should not access or use the Site until you have read and agree to these terms and conditions of use (the "Terms"). By using the Site, you agree to these Terms. If you do not agree to these Terms, you may not further use this Site and should redirect yourself immediately. You should check this Site and these Terms periodically for any changes or modifications. NCX may modify this Site or any of the Terms at any time without notice to you. If NCX makes material changes to the Terms we will post the revised Terms and effective date on this Site. Any new or modified Terms supersede all previous notices or statements regarding the terms and conditions of use concerning this Site.

USE OF THIS SITE

NCX provides you with access to the Site subject to your compliance with the Terms. NCX controls and operates this Site from our offices in British Columbia, Canada. We do not represent that materials on this Site will be appropriate or available for use in other geographic locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site.

INFORMATION DISCLAIMER

The information contained on this website is made available for information purposes only. None of the information contained in this website constitutes a solicitation or offer by NCX to buy or sell any securities or other financial instruments or provide any investment advice. The information on this website is limited to the dissemination of general information regarding products and services. The information and services provided on this website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules, or regulations of any governmental authority or other regulatory or clearing organization where NCX is not authorized to provide such information or services. Some products and services described on this website may not be available in all jurisdictions.

PROHIBITED USES

This Site may be used only for lawful purposes. You are responsible for your communications, including the upload, transmission, and posting of information, and are responsible for the consequences of such posts on or through this Site. NCX specifically prohibits the use of this Site for (a) posting any information that is false, inaccurate, illegal, or not your own; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation; or (d) transmitting or transferring (by any means) information or software derived from this Site to foreign countries or certain foreign nations in violation of Canadian and the United States export control laws.

In addition, you are prohibited from violating or attempting to violate the security of the Site or NCX systems or network security, including, without limitation, the following: (i) accessing data not intended for users of this Site or gaining unauthorized access to a server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of this Site, host or network. Violations of the Site's or NCX systems or network security may result in civil or criminal liability.

In the course of your use of this Site, you may be asked to provide certain information to us. NCX use of any information you provide through this Site shall be governed by these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. NCX does not agree to any obligation of confidentiality, non-use, or non-disclosure to information submitted to NCX. By submitting information to NCX, you understand, acknowledge, and agree that such information and/or materials will not be treated as confidential or proprietary. NCX undertakes no obligation to review the information submitted by you or return such information to you. NCX may receive information that is similar to the information you submit or may have already received information containing ideas and plans that are the same or similar to ideas and plans contained in the information you submit to NCX. In no event shall NCX be limited or restricted from pursuing any opportunities either alone or with third parties.

NCX PROPRIETARY RIGHTS

This Site, including all of its content such as text, images, audio, and the HTML used to generate these pages, ("Content"), is the property of NCX or that of its suppliers or licensors and is protected by Canadian and United States trademark or copyright laws and by other foreign laws. Except as otherwise provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, modify, excerpt derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of NCX. Logos and service names are trademarks of NCX (the "Marks"). Without NCX's prior permission, you agree not to display or use NCX Marks in any manner whatsoever. Nothing on this Site should be construed to grant any license or right to use any NCX Marks without the prior written consent of NCX. NCX Marks may be registered in Canada, the United States, and internationally.

LINKS FROM AND TO THE SITE

Express, written consent must be granted by NCX for any type of link to the Site. NCX reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third-party websites ("Linked Sites") from this Site. Linked Sites are not, however, reviewed, controlled, or examined by NCX and NCX is not responsible for the content, availability, advertising, products, information, or use of user information or other materials of any Linked Sites or any additional links contained therein. These links do not imply NCX's endorsement or association with the Linked Sites. In no event shall NCX be liable, directly or indirectly, to anyone for any loss or damage arising from the creation or use of the Linked Sites or the information or material accessed through those Linked Sites.

DISCLAIMER OF WARRANTIES.

This Site, including without limitation, all content, function, materials, and services, is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. NCX does not warrant that the site or the functions, content, or services made available thereby will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. NCX makes no warranty that the site will meet users' expectations or requirements. No advice, results, information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are not satisfied with the site, your sole remedy is to discontinue using the site.

LIMITATION OF LIABILITY AND INDEMNITY.

To the greatest extent permitted under applicable law, in no event shall NCX, its affiliates, or any of their respective directors, officers, employees, agents, or content or service providers, be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials, and functions related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if NCX or its representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of NCX to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the Site exceed, in the aggregate, of $100.00. You agree to defend, indemnify and hold NCX, its directors, officers, employees, agents, and affiliates harmless from all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of these terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringe any third party proprietary right.

GENERAL INFORMATION.

You agree that the laws of the Province of British Columbia, Canada, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to the jurisdiction of the Province of British Columbia, Canada for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have concerning NCX or this Site must be commenced within one (1) year after the claim or cause of action arose. The failure of NCX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without NCX's express written consent. These Terms inure to the benefit of NCX successors, assigns, and licensees. The Terms constitute the entire agreement between you and NCX and govern your use of this Site, superseding any prior agreements between you and NCX and you may also be subject to additional terms and conditions that apply to certain parts of this Site.