Last updated February 4, 2021
- Permission. Subject to these Terms, Universal Hydrogen grants you a limited, revocable permission to access and use the Site solely for informational purposes to learn more about our services as a prospective customer, and to provide contact information to indicate an interest in our services. Any use for competitive research or analysis, or other similar commercial users, are strictly prohibited. By providing your contact information to indicate an interest in our services, you understand that we retain exclusive authority to select users in our sole discretion to receive additional information, or participate in early access offerings for the use of our products or services.
- Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any portion thereof; (b) make modifications to the Site; (c) perform any competitive research, analysis, benchmarking, or similar purposes; or (d) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
- Feedback. If you provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our services (“Feedback”), then you hereby grant Universal Hydrogen an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create or improve other products and services. Your Feedback is not confidential to you, notwithstanding any accompanying communication or suggestion to the contrary.
- Ownership; Proprietary Rights. The Site is owned and operated by Universal Hydrogen. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, and all other elements of the Site (“Materials”) are protected by intellectual property and other laws. All Materials included in the Site are the property of Universal Hydrogen or its third party licensors. Except as expressly authorized by Universal Hydrogen, you may not make use of the Materials. Universal Hydrogen reserves all rights to the Materials not granted expressly in these Terms.
- Third Party Services and Linked Websites. Universal Hydrogen may provide tools through the Site that enable you to export information to third party services, including through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Universal Hydrogen may transfer that information to the applicable third party service. Third party services are not under Universal Hydrogen’s control, and, to the fullest extent permitted by law, Universal Hydrogen is not responsible for any third party service’s use of your exported information. The Site may also contain links to third party websites. Third party websites are not under Universal Hydrogen’s control, and Universal Hydrogen is not responsible for their content.
- Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Site or any portion thereof; (b) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (c) use or access the Site without permission, interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (d) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Materials or content from the Site; (e) use the Site or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (f) use the Site or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Universal Hydrogen or any third party; (g) perform any fraudulent activity including impersonating any person or entity or claiming a false affiliation; or (h) otherwise use the Site or any portion thereof for competitive purposes, or in violation of these terms or any applicable law.
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. By using the Site after changes are published, you agree to the updated Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Modification of the Site. Universal Hydrogen reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Universal Hydrogen will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
- Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Universal Hydrogen may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service at firstname.lastname@example.org. Upon termination, (a) your rights hereunder will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access the Site; and (c) Sections 6, 8, and 12 through 19 will survive termination.
- Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Universal Hydrogen and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Universal Hydrogen Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Additional Disclaimers; No Warranties. We are under no obligation to provide support for the Site. THE SITE AND ALL ELECTRONIC MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. UNIVERSAL HYDROGEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL ELECTRONIC MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. UNIVERSAL HYDROGEN DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY ELECTRONIC MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND UNIVERSAL HYDROGEN DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR UNIVERSAL HYDROGEN OR ANY ELECTRONIC MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA. UNIVERSAL HYDROGEN IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE ELECTRONIC MATERIALS DISPLAYED ON THE SITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNIVERSAL HYDROGEN DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT UNIVERSAL HYDROGEN IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE UNIVERSAL HYDROGEN ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY ELECTRONIC MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNIVERSAL HYDROGEN HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE UNIVERSAL HYDROGEN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO FIFTY DOLLARS ($50). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. All disputes arising out of these Terms are subject to the sole and exclusive jurisdiction of the state and federal courts located in the Northern District of California and you and Universal Hydrogen submit to the personal and exclusive jurisdiction of these courts. We operate the Site from the United States of America, and we make no representation that the Site or any Materials included in the Site are appropriate or available for use in other locations.
- Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
- Contact Information. The Site is offered by Universal Hydrogen Co. located at 3914 West 120th Street, Hawthorne, CA, 90250. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- International Use. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. If local laws prohibit you from using the Site or making any purchases from the Site, you may not do so.