- 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.
- Rules Governing Use of the Site
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.
- 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.
- Our Management of this Site/User Misconduct.
- Term and Survival.
- 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.
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.
- Limited Liability.
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.
- How to Contact Us.
First Ammonia LLC
One Rockefeller Plaza, Suite 2416
New York, NY 10020