Terms of Service

1. Agreement to these terms

These Terms of Service (the “Terms”) apply to the website located at www.thermonext.com (the “Site”), which is operated by ThermoNext Energy & Consulting (“ThermoNext”, “we”, “us”) from our office in Mississauga, Ontario, Canada.

By accessing or using the Site, you accept these Terms and agree to be bound by them. If you do not agree with any part of the Terms, do not use the Site. Your continued use of the Site after a revised version is posted constitutes acceptance of the revised Terms.

2. About the website

The Site is an informational website. Its purpose is to describe ThermoNext, the building-performance monitoring and advisory services we provide to condominium corporations, condo boards, property managers and building owners in Toronto and the Greater Toronto Area, and how to contact us. The Site does not sell products, process payments or provide an online service platform.

3. No professional advice

Content on the Site — including descriptions of mechanical systems, building automation, energy and water performance, leak detection, flood risk and capital planning — is general information only. Buildings differ substantially in age, design, equipment, controls coverage and operating history, and nothing published on the Site constitutes engineering, legal, insurance or financial advice for any specific building or situation.

Illustrative charts, tables and report formats shown on the Site are examples of presentation format only; they do not represent measurements from, or recommendations for, your building. You should not act on information from the Site in place of a building-specific assessment by a qualified professional.

ThermoNext provides its consulting, monitoring and advisory services only under separate written agreements. If there is any conflict between these Terms and a written service agreement between ThermoNext and a client, the service agreement governs the services, and these Terms continue to govern use of the Site.

4. Intellectual property

The Site and its content — including text, page layouts, diagrams, illustrations, report formats, graphics and the ThermoNext name and logo — are owned by ThermoNext Energy & Consulting or its licensors and are protected under the copyright and trademark laws of Canada and applicable international law.

You are granted a limited, revocable, non-exclusive licence to view the Site and to print or save individual pages for your own reference — for example, when evaluating our services on behalf of a condominium corporation or property-management firm. You may not otherwise reproduce, republish, distribute, scrape, systematically download or create derivative works from Site content without our prior written consent. Nothing in these Terms transfers any ownership interest in the Site or its content to you.

5. Acceptable use

You agree to use the Site only for lawful purposes. In particular, you agree not to:

• interfere with or disrupt the operation, security or availability of the Site or the servers and networks that host it;
• attempt to gain unauthorized access to any portion of the Site or to any connected system;
• use robots, crawlers, scrapers or other automated means to harvest content or data from the Site, other than ordinary search-engine indexing;
• submit false, misleading or malicious information through the contact form; or
• use the Site in any manner that violates applicable law or the rights of any third party.

We may restrict or terminate access to the Site, without notice, where we reasonably believe these Terms have been breached.

6. Third-party links and services

The Site may contain links to websites operated by third parties. These links are provided for convenience only. ThermoNext does not control third-party websites, does not endorse their content and accepts no responsibility for their accuracy, availability or privacy practices. Accessing a linked site is at your own risk and subject to that site’s own terms.

Submissions made through the contact form on the Site are transmitted and processed by a third-party form-handling service before they reach us. Your use of the form is also subject to that provider’s terms of service. How we handle the personal information you submit is described in our Privacy Policy.

7. Disclaimer of warranties

The Site is provided on an “as is” and “as available” basis, without warranties or conditions of any kind, whether express or implied — including implied warranties or conditions of merchantable quality, fitness for a particular purpose, accuracy, timeliness and non-infringement. We do not warrant that the Site will operate without interruption or error, that defects will be corrected or that the Site or its hosting infrastructure is free of harmful components. We take reasonable care to keep the content of the Site accurate and current, but we make no warranty that it is complete, correct or up to date at any given time.

8. Limitation of liability

To the maximum extent permitted by the laws of the Province of Ontario and the federal laws of Canada, ThermoNext, its principals, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential or exemplary damages — including loss of profits, loss of data, business interruption or the cost of substitute services — arising out of or relating to your use of, or inability to use, the Site or its content, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits any liability, warranty or condition that cannot lawfully be excluded or limited under applicable law, including applicable consumer-protection legislation. This section applies to the Site only; liability in connection with consulting services is addressed in the written agreement governing those services.

9. Indemnification

You agree to indemnify and hold harmless ThermoNext and its principals, employees and agents from any claims, losses, damages and reasonable costs (including legal fees) arising from your breach of these Terms or your misuse of the Site.

10. Governing law

These Terms, and any dispute arising out of or relating to the Site, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. You agree that the courts of the Province of Ontario have exclusive jurisdiction over any such dispute, and you attorn to the jurisdiction of those courts.

11. Changes to these terms

We may revise these Terms from time to time — for example, to reflect changes to the Site, to our practices or to applicable law. The current version will always be posted on this page with an updated “Last updated” date. Material changes take effect when posted. We encourage you to review this page periodically.

12. Contact

Questions about these Terms may be directed to:

ThermoNext Energy & Consulting
1235 The Queensway E, Unit 14A
Mississauga, Ontario  L4Y 0G4
info@thermonext.com