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Welcome to this Biodiesel Solutions, Inc. Web site (this "Web
Site"). Biodiesel Solutions, Inc. provides this Web Site subject
to the following terms of use (these "Terms"). These Terms
explain a contractual agreement between you ("User," "You," "Your")
and Biodiesel Solutions, Inc. ("We," "Us," "Our") regarding
Your use of this Web Site. You should print a copy of these Terms for Your
records. Please note, however, that We may update and amend these Terms from
time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information aboutOur
services, products, and related links to meet Your needs (the "Content").
The Terms are meant to protect all of Our visitors to this Web Site, and Your
access to and use of this Web Site signifies Your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We
reserve the right, in Our sole discretion, to modify, alter or otherwise update
these Terms at any time. Such modifications, alterations, and updates shall be
effective immediately upon posting. You agree to be bound by such modified,
altered, and updated Terms if You access or use this Web Site after We have
posted notice of such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link to many other
Web sites that may or may not be affiliated with this Web Site and/or with Us.
The other linked Web sites have different terms of use that are not the same as
these Terms. Your access to and use of such linked Web sites through links
provided on this Web Site is governed by the terms of use and policies of those
sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about You is subject to our
Privacy Policy. For more information, please review Our Privacy
Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site, including,
but not limited to, text, photographs, images, illustrations, audio clips, and
video clips, is protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by United States and
worldwide copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes). The Content is owned and controlled by
Us or Our affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively the "Providers") that have licensed their content
or the right to market their products and/or services to Us. Content on this
Web Site or any Web site owned, operated, licensed or controlled by the
Providers is solely for Your personal, non-commercial use. You agree to abide
by all additional copyright notices, information, or restrictions contained in
any Content.
You may download a single copy of any Content contained on this Web Site, soley
for Your personal, non-commercial use, consistent with these Terms, provided
that You maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of Us or the
Providers. You may request consent by faxing a request to Biodiesel Solutions,
Inc. at 775.358.6400. Your modification of the Content, use of the Content on
any other Web site or networked computer environment, or use of the Content for
any purpose other than personal, non-commercial use, without the prior written
consent of Us or the Providers, violates the intellectual property rights and
proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written consent
of the owner of the mark or copyright. You may not frame, deep link, or
otherwise incorporate into another Web site any of the Content or other
materials on this Web Site without Our express prior written consent. Violation
of trademark and copyright laws may result in significant civil liability or
criminal penalties under United States and/or worldwide copyright and trademark
laws. You recognize that any reproduction or use of Content, except as
authorized by these Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site for any
purpose that is unlawful or prohibited by these Terms, including without
limitation the posting or transmitting any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material. If You
violate any of these Terms, Your permission to use this Web Site immediately
terminates without the necessity of any notice. We retain the right to deny
access to anyone at Our discretion for any reason, including for violation of
these Terms.
You are solely responsible for Your Information, and We act as a passive
conduit for Your online distribution and publication of Your Information. As
used in these Terms, "Information" means any information or data that You
submit to this Web Site and any information or data that is generated by this
Web Site as a result of Your use of this Web Site.
In the event that You are provided with User identification numbers or codes
(collectively, " ID's"), confirmation numbers, and/or passwords (as applicable)
in the use of this Web Site, You shall maintain such User ID's, confirmation
numbers, and/or passwords in confidence and You agree not to distribute or
disclose the same to third parties. It is Your responsibility to notify Us if
We need to change or discontinue any of Your ID's, confirmation numbers, or
passwords. It is also Your responsibility to immediately request
discontinuation of an ID, confirmation number, or password upon Your knowledge
or belief that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or terminate Your
service or access to this Web Site if We believe a breach of these Terms has
occurred.
You agree to provide true, accurate, current and complete Information. If You
provide any Information that is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that such Information is untrue,
inaccurate, not current or incomplete), We have the right to suspend or
terminate Your access and activity, and refuse any and all current or future
use of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any of the following: (a)
take any action that imposes an unreasonable or disproportionately large load
on the Web Site's infrastructure, including but not limited to "spam" or other
such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the
assigned confirmation numbers and/or passwords with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords for any
unauthorized purpose; (c) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or in any way
making up a part of this Web Site; (d) upload, post, emailing or otherwise
transmitting any Information, Content, or proprietary rights that You do not
have a right to transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state, national or
international law, including, but not limited to, any regulations having the
force of law; and, (f) using any robot, spider, intelligent agent, other
automatic device, or manual process to search, monitor or copy Our Web pages,
or the Content without Our prior written permission, provided that generally
available third party Web browsers such as Netscape Navigator® and Microsoft
Internet Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas
of the Web Site, You agree that We have the right to use, reproduce, modify,
publish, perform and display such Information (in whole or part) worldwide;
provided that such use is subject to the terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information and may also
disclose Information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the Terms; (c) respond to claims that any
Information violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Our business, employees, Providers, affiliates,
users, and/or the public.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third party and/or other Biodiesel Solutions
Company-affiliated Web sites not under Our control or operation (the "Linked
Sites"). The links will let You leave this Web Site, and You access them at
Your own risk. You acknowledge that We provide the Linked Sites for Your
convenience and information only. We do not endorse nor are We responsible for
any content, information, or other related materials found at any such Linked
Sites or any links contained within such Linked Sites, whether or not We are
affiliated with the owners of such Linked Sites. Moreover, We do not control
any use of content, information or other related material that You provide to,
or is collected and/or tracked by, such Linked Sites. Such use by Linked Sites
is governed by the terms of use statements and/or privacy policies of such
Linked Sites, not this Web Site, and as a result may differ from Ours.
You may not establish a hyperlink to this Web Site or provide any links that
state or imply any sponsorship or endorsement of Your Web site by Us or the
Providers.
8. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE
U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE,
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR
CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS
TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS,
NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY,
REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB
SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the
parties. The limitations specified in this Section 9 will survive and apply
even if any limited remedy specified in these Terms is found to have failed of
its essential purpose. The limitations of liability provided in these Terms
inure to the benefit of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
10. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices within the
States of Nevada. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Nevada, by accessing this Web Site, You agree that these Terms
and Your use of the Web Site shall be governed in all respect by the internal
substantive laws of the State of Nevada, without regard to conflict of laws.
You further submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Nevada for all disputes, cases and controversies
regarding this Web Site, Your use of this Web Site, and Your relationship with
Us. We make no representation that materials on this Web Site are appropriate
or available for use in other locations, and accessing them from territories
where the Content is illegal is prohibited. Those who choose to access this Web
Site from other locations do so at their own risk and are responsible for
compliance with local laws, including laws regarding the transmission of
technical data exported from the United States or the country in which You
reside.
11. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become aware of
it, to any applicable government agencies. You agree to indemnify, defend and
hold Us and the Providers, Our and their officers, directors, employees,
affiliates, agents, licensors, and suppliers harmless from and against any and
all claims, demands, actions, costs, liabilities, losses and damages of any
kind (including attorneys' fees) resulting from Your use of this Web Site, Your
breach of any provision of these Terms and/or any negligent acts, omissions or
intentional wrongdoing by You. Any such indemnification shall be conditioned on
Our: (a) notifying You in writing of any such claim, demand, action, cost,
liability, loss or threat of any thereof; (b) cooperating with You in the
defense or settlement thereof; and (c) allowing You to control such defense or
settlement. We shall be entitled to participate in such defense at Our own cost
and expense.
12. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and suppliers.
Each of these individuals or entities shall have the right to assert and
enforce these Terms directly against You on its (or their own) behalf. Our
failure to act with respect to a breach by You or others does not waive Our
right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede any prior agreements
or understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future published terms of use
or understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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