ALL THINGS BIODIESEL WEBSITE
TERMS OF USE POLICY
If you do not agree to these terms of use (“Terms of Use”), please do not register with or enter this All Things Biodiesel website (“Website”). Your use of the Website signifies your acceptance of these terms. As these terms are subject to change at any time without notice, please check them before using the Website to determine whether a change has been made.
ACCEPTANCE.
The National Biodiesel Board (“NBB”) provides the Website, subject to the following terms (“Terms of Use”). By using the Website, you are agreeing to comply with this TERMS OF USE POLICY. From time to time, NBB may change the terms of this TERMS OF USE POLICY without notice to you. All such modifications shall become effective immediately. Your continued use of the Website after the posting of any changes shall constitute your agreement with, and acceptance of, such changes. In the event you do not agree to abide by this TERMS OF USE POLICY, you must not use the Website in any manner.
VIOLATIONS
Violations of this TERMS OF USE entitle NBB to receive from you minimum damages in the amount of $500 for each violation, plus legal fees. This is in addition to damages awarded to other wronged parties.
Contacting a poster of information on the Website for any purpose other than the one implied by the information, or contacting a poster after receiving instructions not to contact them, entitles the poster and/or NBB to receive from you minimum damages in the amount of $500 for each violation, plus legal fees.
Using content in violation of these TERMS OF USE POLICY entitles NBB to receive from you minimum damages in the amount of $500 for each violation, plus legal fees
WEBSITE CONTENT
All information and content available on the Website ("Content") is owned by NBB or its licensors and is protected by intellectual property laws, including copyright.
All copyrightable Information (other than this Terms of Usage), including the selection and arrangement thereof, are ©2006-07 National Biodiesel Board. ALL RIGHTS RESERVED. This TERMS OF USE POLICY is copyright ©2000-06 Brett J. Trout, Esq. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit the Information in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of NBB. By posting any material to the Website, or by submitting any material directly to NBB, you thereby grant NBB a worldwide, royalty-free, and non-exclusive license(s) thereto. This license extends to all photos, graphics, audio, or video that you either post or submit. The license includes the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such material, and to incorporate such material into other works in any format or medium now known or later developed. You are wholly responsible for the all Content you post to the Website or submit to NBB. You agree to hold NBB harmless from any claim or damage resulting in whole or in part from Content you post to the Website or submit to NBB
You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Website.
You acknowledge that the Content is provided AS-IS, without any warranty, including any warranty of merchantability or fitness for an intended purpose. NBB does not pre-screen, approve, or control the Content posted directly to the Website by users. NBB does not guarantee the accuracy or veracity of any Content. NBB does not (1) guarantee or ensure any product, service or transaction between a buyer and seller; (2) collect, process or escrow payment or goods; (3) transfer of title on behalf of buyers or sellers; or (4) ship or deliver any goods.
Accordingly, it is your duty to independently verify the accuracy and veracity of any information on the Website BEFORE entering into an agreement with any buyer or seller. NBB is not liable for any false, misleading, offensive, indecent, inaccurate, or otherwise objectionable Content. You acknowledge NBB is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the website. Your only recourse is to stop using the Website.
HYPERLINKS.
The Website includes links to other websites wholly independent of NBB and the Website. NBB makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. NBB does not endorse, sponsor or guarantee such third party websites. You agree not to hold NBB responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.
INDEMNIFICATION
You agree to defend, indemnify and hold NBB, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
TRANSMISSIONS
You acknowledge that transmissions by you to or from this Website ("Transmissions") are non-confidential and that others may read and/or intercept such Transmissions. NBB has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this Website or NBB's server, and to edit or delete any Transmissions which violate any term of this Agreement. You hereby consent to NBB's collection and use of such Transmissions in accordance with NBB's then current Privacy Statement and acknowledge that submitting Transmissions to this Website, creates no confidential or fiduciary relationship between you and NBB. By using this Website, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to NBB. Accordingly, NBB shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all "moral rights" in such Transmissions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NBB, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO NBB'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF NBB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT NBB'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO NBB IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
DISCLAIMER
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT NBB MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. NBB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) NBB DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) NBB DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
NBB MAY PERIODICALLY CHANGE THE INFORMATION. NBB RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY NBB'S ENDORSEMENT OR SPONSORSHIP THEREOF.
LINKS TO THIRD-PARTY SITES
This Website includes hypertext links to other websites and NBB has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against NBB regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website's use of hypertext links to other websites does not imply NBB's sponsorship or endorsement of any such websites.
COPYRIGHT INFRINGEMENT NOTICE
It is NBB’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), NBB has designated the following agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to the Website:
• by mail:
NBB DMCA Copyright Agent
c/o Law Offices Of Brett J. Trout
516 Walnut
Des Moines, Iowa 50309
• by fax: (515) 280-7114
• by email: trout@bretttrout.com
If you believe any of the Website Content infringes your copyright, forward the following information to the above-identified DMCA Agent:
1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TRADEMARK
All trademarks used on this Website are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the National Biodiesel Board cloud logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks of NBB and/or its affiliates. Absent prior written consent from an officer of NBB, you may not copy imitate or use any portion of the Marks.
IMPERMISSIBLE ACTIVITY
You must not use the Website or the NBB server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is pornographic, sexually explicit or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
DATA COLLECTION AND USE
Your Transmissions are subject to NBB’s Privacy Statement. By using this Website, you agree to review the Privacy Statement, and be bound by its terms and conditions. From time to time, NBB may change its Privacy Statement without notice to you. Your continued use of this Website after the posting of any changes shall constitute your agreement with and acceptance of such changes.
NBB does not knowingly collect data directly from anyone under 13 years of age. If you believe NBB has inadvertently collected any such data, please contact our website administrator at webmaster for information regarding removal of any such data from our files.
MONITORING THE SITE
You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Transmissions, and the consequences thereof. You agree to indemnify, defend and hold NBB harmless for any liability arising from your use of this Website. While NBB respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. NBB may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Website in association with such spam, any computer viruses or any other potentially damaging computer code. NBB will prosecute Violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, NBB reserves the right to report any Transmissions which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.
GOVERNING LAW
This is the entire agreement between you and NBB relating to your use of this Website. The laws of the State of Iowa, United States of America shall govern this Agreement and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Privacy Statement shall be filed only in state or federal court located in Polk County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.
TERMINATION
Either you or NBB may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website. NBB may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.
SEVERABILITY
If any portion of this Agreement or the Privacy Statement is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
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