First Ammonia

Terms of Use

Terms of Use

This website (this “Site”) is operated by First Ammonia LLC (“First Ammonia,” “we,” “us,” and “our”). These Terms of Use (“Terms of Use”) apply to your use of this Site.  This Site allows you to simply view information and data. First Ammonia offers this Site, including all information available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY (AS DEFINED BELOW) AND OTHER TERMS REFERENCED IN THESE TERMS OF USE, BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE THEN IN EFFECT.

  1. Your Use of this Site and Affirmative Representations.

 

YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. When you use this Site, you represent that: (a) your use of this Site does not violate any applicable law or regulation, including, but not limited to, United States export control and economic sanctions requirements and (b) you are 18 years of age or older.

First Ammonia grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and make personal use of this Site and the Materials (as defined below). Unless indicated to the contrary, you may access, copy, download and print Materials available on this Site for your personal, non-commercial use.

  1. Rules Governing Use of the Site

 

Please read our Privacy Policy to understand your privacy protections. You acknowledge and understand that any personal information we obtain about you (either via email, by telephone or via any other means) will be collected, stored and otherwise processed by us in accordance with the terms of the Privacy Policy. 

You are entirely responsible for your use of this Site.  When you interact with this Site, you represent and warrant that you: 

  • will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
  • will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
  • will not impersonate any other person or entity, sell or let others use your profile, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and
  • will not take data or information from this Site and utilize it for purposes for which is it is not intended. 

Access to and use of this Site is restricted to authorized users only. You agree to provide true, accurate, current and complete information about yourself.  You are responsible for maintaining the confidentiality of your login credentials, if applicable. You are responsible for all statements made, acts or omissions that occur, whether or not actually or expressly authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials on this Site, have been made by you unless we receive notice indicating otherwise. 

  1. Our Intellectual Property Rights.

 

All of the content on this Site (“Materials”) as well as the trademarks, service marks, and logos contained on this Site (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

We reserve all rights not expressly granted in and to this Site, the Materials and the Marks. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials. You agree that you will not circumvent, disable or otherwise interfere with any content protection system, digital rights management technology or other security related features of this Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or the Materials on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

  1. Our Management of this Site/User Misconduct.

 

4.1 Our Site Management. We may, but are not required to: (a) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (b) manage this Site in a manner designed to protect our and third parties’ rights and property and/or to facilitate the proper functioning of this Site.

4.2 Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO, AND USE OF, THIS SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION. Termination of your access to, or use OF, THIS SITE will not waive or affect any other right or relief to which First Ammonia may be entitled, at law or in equity.

  1. Term and Survival.

 

These Terms of Use shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by contacting us at the address set forth in Section 13, below.  Upon termination of your access to the Site, for any reason, you will no longer be able to retrieve materials contained on the Site. Even after your use and participation is terminated, these Terms of Use will remain in effect. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

  

  1. Modifications.

 

You acknowledge and agree that First Ammonia may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on this Site.  You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for any changes we make to these Terms of Use, but we will notify you about material changes to these Terms of Use in accordance with applicable laws. Your continued use of this Site after any changes to these Terms of Use means you accept the changes. No changes to these Terms of Use occurring after a Dispute (as defined below) between you and First Ammonia arises will apply retroactively.

 

  1. Waiver of Jury Trial, Choice of Law and Forum.

 

YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK. YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF NEW YORK (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. Each party hereto irrevocably waives its rights to trial by jury in any legal proceeding arising out of or related to this agreement.

Dispute” includes any dispute, action or other controversy between you and us concerning this Site or these Terms of Use, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

 

  1. Disclaimers.

 

8.1 General Disclaimer.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 

8.2 Disclaimer of Warranties regarding this Site and Materials.  ALL OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE CONTENT OF ANY SITE LINKED TO THIS SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OTHER CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. FIRST AMMONIA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

8.3 Applicability. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. Limited Liability. 

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

 

  1. Indemnity. 

 

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, content or Materials in violation of these Terms of Use and/or arising from a breach of these Terms of Use, our use, and/or any breach of your representations and warranties set forth above.

 

  1. Feedback.

 

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to this Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place First Ammonia under any fiduciary or other obligation.

 

  1. Miscellaneous.

 

12.1 Entire Agreement. These Terms of Use constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

12.2 Force Majeure.  First Ammonia shall be excused from performance under these Terms of Use to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; or (e) other causes beyond the reasonable control of First Ammonia.

12.3 No Third Party Beneficiaries. These Terms of Use are between you and us. There are no third-party beneficiaries to these Terms of Use.

12.4 Section Titles. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

12.5 Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

12.6 Severability. These Terms of Use operates to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

12.7 Assignment. You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.

 

  1. How to Contact Us.

 

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@firstammonia.com, or write to us at:

 

First Ammonia LLC

One Rockefeller Plaza, Suite 2416
New York, NY 10020

USA