The AirFuel Alliance (“AirFuel”) Website is composed of various web pages operated by AirFuel. “AirFuel Website” shall be defined herein to include airfuel.org and all other web pages operated or hosted exclusively by AirFuel or on its behalf (“AirFuel Services”).
The AirFuel Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the AirFuel Website constitutes your agreement to all such terms, conditions and notices.
Limited Access Areas
Certain areas of the AirFuel Website are password protected and available only to users whom AirFuel has given special access privileges. You agree that you will not attempt to access these areas unless AirFuel has provided you with access privileges and that you will not attempt to access materials and information within the limited access area that are outside of scope of the access privileges that AirFuel has granted you.
Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the AirFuel Services. Accordingly, you agree that you will be solely responsible to AirFuel for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify AirFuel immediately at firstname.lastname@example.org. You agree to not share access to the AirFuel Website.
AirFuel has developed the AirFuel Website as a service to its members and the general public. It endeavors to keep the information on the AirFuel Website up to date. However, the information may nevertheless become out of date over time. AirFuel shall not be liable for any inaccuracy or incompleteness of the AirFuel Website or for the failure to update the information contained on the AirFuel Website.
Links to Other Sites
As part of its activities, AirFuel provides links to the websites of its members and other sites that it believes may offer useful information that is related to its mission. AirFuel is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. In addition, those sites are not subject to these Terms or any additional policy that AirFuel may implement from time to time. You are responsible for determining the applicable use terms and policies, if any, that may apply to your use of those sites.
Third-Party Information, Services, Materials and Submissions
Submissions by visitors to the AirFuel Website, including, without limitation, “Blog Posts” (as hereafter defined), feedback data such as questions, comments, suggestions regarding the content of the material on the AirFuel Website shall be deemed to be non-confidential and in the public domain. AirFuel shall have no obligation of any kind with respect to such submission and shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example developing, manufacturing and marketing products incorporating such information.
The foregoing paragraph does not apply to submissions that AirFuel expressly makes subject to additional restrictions or to any submissions by members that are subject to special agreements or rules of membership.
You may not under any circumstance or in any manner post or transmit to or from the AirFuel Website any materials that are unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would otherwise violate any law or injure any person or entity. AirFuel reserves the right to remove any submission for any reason or for no reason. Without limitation, AirFuel may, at any time, remove any submission that it deems, in its sole discretion, to be in violation of these Terms.
If you are making the Blog Post in your role as an employee, contractor or other agent of a member or other company or individual, you acknowledge that you are authorized to make the Blog Post and that you and the company or individual for which you are making the Blog Post are solely responsible for its content. If you are making the Blog Post in your personal capacity, you are solely responsible for its content. If the Blog Post identifies you as an employee, consultant or other agent of a company or person, it is presumed that you are making the Blog Post for that company or person unless you expressly state otherwise. Your submission binds to these Terms the company or person for which you are making the submission. All Blog Posts shall comply with the terms outlined therein. All factual statements and representations shall be factually accurate. Information or statements that are opinions shall either be identified as such or it shall be clear from the context that they are opinions. The Blog Post shall not contain any statements, information or materials that are offensive, threatening, abusive, potentially harmful, or malicious. Neither the submission of the Blog Post nor its unrestricted public use shall violate any rights of a third party, including, without limitation, any intellectual property rights (such as and without limitation, any copyrights, trademark rights, or trade secret rights) or other proprietary rights (such as, and without limitation, any contractual rights or any personal rights or interests that are protected under the law of torts). Nor shall the submission and use of the Blog Post violate any applicable law, statute, regulation, rule, ordinance or judicial order in any jurisdiction.
Links to AirFuel Website
Subject to any additional rights or restrictions set forth in any separate linking agreements regarding the AirFuel Website that you may have entered into with AirFuel, you may provide links to the AirFuel Website provided that you adhere to the following requirements: (i) any link to the AirFuel Website must be a text only link clearly marked “AirFuel Alliance Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AirFuel names or its marks, (iii) the link must “point” to “airfuel.org” and not to other pages within the AirFuel, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with AirFuel, (v) when selected by a user, the link must display the AirFuel Website on full-screen and not within a “frame” on the linking website, and (vi) AirFuel reserves the right to revoke its consent to the link at any time and in its sole discretion.
AirFuel and AirFuel members need to be mindful of constraints of anti-trust or competition laws when engaging with each other at AirFuel–hosted activities. AirFuel’s membership meetings, plugfest events, workshops, group gatherings, webcasts, seminars/sessions, social networking groups, and any other group gathering (facilitated by technology or in person) are conducted for educational or other technology related purposes to further the mission of this organization, to provide a forum for the open discussion and free exchange of ideas even amongst companies that may otherwise compete in the marketplace. At any gatherings, members are reminded that it is their responsibility to avoid (and where they see others acting in such a manner, to discourage) any agreement or inappropriate conversations that could have anti-competitive effects or could constitute a restraint on trade.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AIRFUEL WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AIRFUEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE AIRFUEL WEBSITE AT ANY TIME. ANY ADVICE OR INFORMATION RECEIVED VIA THE AIRFUEL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AIRFUEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AIRFUEL WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AIRFUEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRFUEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AIRFUEL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE AIRFUEL WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AIRFUEL WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AIRFUEL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AIRFUEL (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 THE AIRFUEL WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AIRFUEL WEBSITE.
Except as prohibited by law, you will hold AirFuel and its members, officers, directors, employees and agents harmless for any direct, indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the AirFuel Website and associated services, these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the AirFuel Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the AirFuel Services.
AirFuel makes no claims regarding access or use of the AirFuel Website or AirFuel content outside of the United States. If you use or access the AirFuel Website or AirFuel content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
All contents of the AirFuel Website are: Copyright 2017 by AirFuel. All rights reserved.
All AirFuel trademarks are strictly owned by AirFuel, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any AirFuel trademark without written authorization from AirFuel.
The names of actual companies and products mentioned within the AirFuel Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Conditions of Use of the AirFuel Services
AirFuel grants you permission to access and use the AirFuel Services as set forth in these Terms, and in exchange you agree to abide by all such Terms, including the following:
- You will not use the AirFuel Services in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the AirFuel Services, or in any manner inconsistent with these Terms.
- You will not defeat, evade or interfere with any security feature of the AirFuel Services, nor attempt to do so.
- You will not cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, hardware or AirFuel Services, nor attempt to do so.
- You will not alter or modify any content or component of the AirFuel Services, other than information or content you have had written permission from AirFuel to submit or post through the AirFuel Services.
- You will not reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any content or component of or any access to the AirFuel Services, without the prior written permission of AirFuel.
- You will not use any automated system, software, or device to generate and send communications to or through the AirFuel Services nor will you annoy or harass any person through or in connection with the AirFuel Services.
- You will not collect or harvest any personally identifiable information, including without limitation account names or e-mail addresses, from or through the AirFuel Services, nor use the communication systems included in the AirFuel Services for purposes of sending any commercial solicitation.
- You will not upload, post, transmit, share or otherwise make available through the AirFuel Services any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You warrant that you will not submit, transmit, or post any material that is obscene, sexually explicit, hateful, intimidating or threatening, or that violates the rights of AirFuel or of any third party.
- You will not use the AirFuel Services to post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
- You will not use the AirFuel Services to post, transmit, or share material that you did not create or that you do not have permission to use and distribute and to allow AirFuel to use and distribute as provided in these Terms.
- You will not modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that AirFuel provides to you or any other part of the AirFuel Services.
- You understand and agree that your use of the AirFuel Services is subject to these conditions, and that any failure to abide by them may result in the immediate termination of your account and your access to the AirFuel Services without notice.
AirFuel reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the AirFuel Website and the related services or any portion thereof at any time, without notice.
General Legal Terms
The Terms constitute the whole legal agreement between you and AirFuel and govern your use of the AirFuel Services (but excluding any services which AirFuel may provide to you under a separate written agreement), and completely replace any prior agreements between you and AirFuel in relation to the AirFuel Services.
You acknowledge and agree that the form and nature of the AirFuel Services, which AirFuel provides, may change from time to time with or without prior notice to you.
As part of AirFuel’s continuing innovation, you acknowledge and agree that AirFuel may stop (permanently or temporarily) providing the AirFuel Services (or any features within the AirFuel Services) to you or to users generally at AirFuel’s sole discretion, without prior notice to you. You may stop using the AirFuel Services at any time. You do not need to specifically inform AirFuel when you stop using the AirFuel Services.
You acknowledge and agree that if AirFuel disables access to your account, you may be prevented from accessing the AirFuel Services, your account details or any files or other content, which is contained in your account.
Unless you have been specifically permitted to do so in a separate agreement with AirFuel, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the AirFuel Services for any purpose, most especially including not sharing the data supplied by other AirFuel members or other vendors who are not AirFuel members. You agree that you are solely responsible for (and that AirFuel has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AirFuel may suffer) of any such breach.
You agree that if AirFuel does not exercise or enforce any legal right or remedy which is contained in the Terms (or which AirFuel has the benefit of under any applicable law), this will not be taken to be a formal waiver of AirFuel’s rights and that those rights or remedies will still be available to AirFuel.
Unless AirFuel has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the AirFuel Services, grant a security interest in or over your rights to use the AirFuel Services, or otherwise transfer any part of your rights to use the AirFuel Services. This means also that you shall not share your password or member access with non-members or ineligible members.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and AirFuel have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or AirFuel (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the city and county of San Francisco, California and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of California. The arbitration requirement does not apply to requests for injunctive relief.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Terms, and your relationship with AirFuel under the Terms, shall be governed by the laws of the State of California, USA, without regard to conflict of laws provisions. You and AirFuel agree to submit to the exclusive jurisdiction of the courts located within the city and county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AirFuel shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.