TERMS OF USE
TERMS OF USE
Welcome to the TerViva website (the “Website”). Please read our Website Terms of Use (the “Terms”) carefully before continuing on with your use of this Website. THIS WEBSITE AND INFORMATION ON IT IS CONTROLLED BY TERVIVA IN THE UNITED STATES, PLEASE SEE OUR PRIVACY POLICY FOR FURTHER INFORMATION. These Terms shall govern the use of the Website and apply to all Internet traffic visiting the Website. If you choose to continue to use or access this Website after having the opportunity to read this Terms, you recognize that TerViva has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof.
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
The Terms are meant to protect all of our Website visitors and your use of this Website signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THIS WEBSITE. TerViva reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. If you continue to use the Website, check the footer for notice of changed Terms. If the footer indicates that the Terms have been changed, immediately read them. By choosing to continue to use or access this Website after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms, you agree to be bound by such revised Terms.
In accordance with our goals, this Website will provide links to many other web sites, that may or may not be affiliated with this Website and/or TerViva, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.
PRIVACY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Website is controlled and operated by TerViva BioEnergy, Inc., 436 14th St., Suite 1405 Oakland CA 94612. All content on this Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by TerViva or its affiliates or by third party content providers (collectively “Providers”) that have licensed their content or the right to market their products and/or services to TerViva. Content on this Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of TerViva or the Providers. You may request consent by emailing a request to TerViva at julius.laurel@terviva.com. Without the prior written consent of TerViva or the Providers, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the TerViva Website and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Website, you warrant to TerViva that you will not use our Website 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, in addition to any other remedies TerViva or its Providers may have, your permission to use our Website immediately terminates without the necessity of any notice. TerViva retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Website, 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 or otherwise incorporate into another web site any of the content or other materials on this Website without prior written consent of TerViva.
LINKS
This Website may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under TerViva’s control, and TerViva is not responsible for, and does not endorse, such content, whether or not TerViva is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Website that states or implies any sponsorship or endorsement of your web site by TerViva, or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
THIS DISCLAIMER OF WARRANTIES AND LIABILITY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM TERVIVA, NOR TO ANY RENTAL.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY TERVIVA PRODUCT, SERVICE, OR RENTAL, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.
THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEB SITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED TO YOU FOR FREE. THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. TERVIVA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TERVIVA, ITS 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. YOU AGREE THAT WE MAY CHANGE OR DISCONTINUE THE SERVICES IN OUR SOLE DISCRETION AND WITH NO PRIOR NOTICE TO YOU.
You agree that our sole obligation to you is to provide the Website as-is until we decide to modify or discontinue it. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional misconduct or (b) a violation of a consumer protection statute in connection with the Website, we will not be liable to you or to any third party for your use of the Website.
INDEMNIFICATION
You are fully responsible for how you use this Website. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Website too. You agree to indemnify, defend, and hold harmless TerViva and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of TerViva and its Providers, its 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.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Website is presented solely for your convenience and/or information. This Website is controlled and operated by TerViva from its offices within Oakland, California. TerViva makes no representation that content in its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Website in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State.
WEBSITE DISPUTES
Website Disputes include: (a) any claim you may have against TerViva in connection with the Website, (b) any claim TerViva may have against you in connection with the Website, and (c) any action to enforce the Terms or to object to the Terms.
All other disputes are Non-Website Disputes. Any claim arising from your purchase of an TerViva Product or Service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Website is a Non-Website Dispute.
WEBSITE DISPUTES – PRE-DISPUTE RESOLUTION
Before filing a lawsuit in connection with any Website Dispute (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and TerViva agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against TerViva, you must send the written notice of the claim to Attention: TerViva BioEnergy, Inc., 436 14th St., Suite 1405 Oakland, CA 94612 Attn: Legal Department. If TerViva is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
WEBSITE DISPUTE RESOLUTION — VENUE
You agree to be subject to the jurisdiction of California for any Website Dispute. You agree that any Website Dispute will be resolved in California to the exclusion of any other potential venue.
WEBSITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER
Neither you nor we will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms.
You and TerViva intend for this to be an agreement for arbitration that can be enforced under both the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16, and the Cal.C.C.P. § 1281.2.
You and TerViva waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding, to settle disputes. You and TerViva waive any right to a jury trial for Website Disputes.
Instead of suing in court, we each agree to settle Website Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.
Any Website Dispute shall be determined by arbitration in California before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
To the extent a party commences any action with includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall be stayed until the Website Disputes are fully arbitrated. Then, any Website Disputes will be considered by any court of competent jurisdiction.
If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, TerViva will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.
WEBSITE DISPUTE RESOLUTION – NO CLASS ACTIONS
You agree that you will not file a class action against TerViva or its Providers, or participate in a class action against TerViva or its Providers, in any Website Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against TerViva or its Providers, in any Website Dispute.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between TerViva with respect to your use of this free Website, its 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 or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TERVIVA.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TerViva Bioenergy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TerViva Bioenergy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 436 14th Street, Suite 1405, Oakland, CA, 94612, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at julius.laurel@terviva.com.