Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the BidCarbon Foundation web site located at www.bidcarbon.org, and all associated sites linked to www.bidcarbon.org by BidCarbon Foundation, its subsidiaries and affiliates, including BidCarbon Foundation sites around the world (collectively, the "Site"). The Site is the property of BidCarbon Foundation. ("BidCarbon") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

BidCarbon reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") on the Site is owned, controlled or licensed by or to BidCarbon. This Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

With the exception of any express provisions set forth in these Terms of Use, no portion of the Site or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without BidCarbon’s express prior written consent.

It is permissible to utilise information on BidCarbon products and services (such as data sheets, knowledge base articles, and similar materials) that have been made available by BidCarbon for downloading from the Site, provided that the following conditions are met: (1) the proprietary notice language must be retained in all copies of such documents, and (2) the information must be used for the specified purpose. Such information may be used for the individual's personal, non-commercial informational purposes only. It must not be copied or posted on any networked computer or broadcast in any media. Furthermore, it must not be modified in any way. Finally, no additional representations or warranties may be made in relation to such documents.

Your Use of the Site

It is not permitted to use any automated device, such as a "deep-link", "page-scrape", "robot", "spider" or other similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or its content. It is prohibited to access, acquire, copy or monitor any portion of the Site or any Content in any way that would reproduce or circumvent the navigational structure or presentation of the Site or any Content. It is also prohibited to obtain or attempt to obtain any materials, documents or information through any means that are not purposely made available through the Site. BidCarbon reserves the right to prohibit any such activity.

It is prohibited to attempt to gain unauthorised access to any portion or feature of the Site, or to any other systems or networks connected to the Site or to any BidCarbon server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BidCarbon, including any BidCarbon account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

It is agreed that any action taken by the user will not impose an unreasonable or disproportionately large load on the infrastructure of the site or BidCarbon’s systems or networks, or any systems or networks connected to the site or to BidCarbon.

It is agreed that any device, software or routine employed by the user shall not be used to interfere with the proper functioning of the website or any transactions conducted on it, or with the use of the website by any other person.

It is prohibited to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal sent to BidCarbon via the Site or any service offered via the Site. It is similarly prohibited to impersonate another individual or entity, or to represent oneself as someone else.

It is not permitted to use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use. Furthermore, it is not permitted to solicit the performance of any illegal activity or other activity which infringes the rights of BidCarbon or others.

Purchases; Other Terms and Conditions

Please note that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. These terms are made a part of these Terms of Use by this reference. By using this Site, you agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In the event of a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall prevail with respect to your use of that portion of the Site or the specific service.

BidCarbon’s obligations with regard to its products and services are solely governed by the agreements pursuant to which they are provided. This Site does not alter such agreements.

BidCarbon reserves the right to change any products or services offered on the Site, or to change the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date, and BidCarbon makes no commitment to update the materials on the Site with respect to such products and services.

Please be aware that the following terms also apply to your use of the Site and are incorporated herein by this reference:

●    Guidelines for Using Apple Trademarks & Copyrights

●    Rights & Permissions

●    Trademarks

●    Claims of Copyright Infringement

●    Piracy

●    Counterfeit Products

●    Apple’s Unsolicited Idea Submission Policy

●    Software License Information

●    Legal Contacts

These policies may be changed at any time and will be effective immediately upon posting the changes on the site.

Accounts, Passwords and Security

You must open an account to use certain features or services on or through the Site. This includes setting up an account with BidCarbon and creating a password. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password. You must also take responsibility for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BidCarbon immediately of any unauthorised use of your account or password, or any other breach of security. You are responsible for any losses incurred by BidCarbon or any other user of or visitor to the Site due to someone else using your BidCarbon account, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s BidCarbon account, password or account at any time without the express permission and consent of the holder of that BidCarbon account, password or account. Failure to comply with these obligations will result in your account being immediately terminated.

Privacy

BidCarbon’s Privacy Policy applies to use of this Site. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. To view BidCarbon’s Privacy Policy, click here. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the BidCarbon Site

This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. BidCarbon does not control these Linked Sites and is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

BidCarbon does not guarantee that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. Please note that all information provided on the site is subject to change without notice. Bidcarbon cannot guarantee that any files or other data you download from the site will be free of viruses or contamination or destructive features. BidCarbon does not provide any express or implied warranties, including warranties of accuracy, non-infringement, merchantability, or fitness for a particular purpose. BidCarbon is not liable for any damages or losses incurred as a result of the actions, omissions, or conduct of third parties in connection with or related to your use of the site and/or any BidCarbon services. You are solely responsible for your use of the site and any linked sites. As a condition of using the site, you agree that the sole remedy you may pursue against BidCarbon for dissatisfaction with the site or any content is to stop using the site or such content. This limitation of relief is a part of the agreement between the parties.

Please be aware that any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, are not covered by this disclaimer.

BidCarbon reserves the right to implement any of the following at any time without prior notice: (1) BidCarbon reserves the right to modify, suspend or terminate the operation of or access to the Site, or any portion of the Site, for any reason. (2) BidCarbon also reserves the right to modify or change the Site, or any portion of the Site, and any applicable policies or terms. (3) Finally, BidCarbon reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will BidCarbon be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BidCarbon has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, BidCarbon is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, BidCarbon’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against BidCarbon, or (2) £100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold BidCarbon, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BidCarbon by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Please be aware that BidCarbon may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BidCarbon’s rights or property, or the rights or property of visitors to or users of the Site, including BidCarbon’s customers. BidCarbon reserves the right to take legal action against any individual or entity that may be causing injury to or interference with BidCarbon’s rights or property, or the rights or property of visitors to or users of the Site, including BidCarbon’s customers. BidCarbon reserves the right to disclose any information that BidCarbon deems necessary to comply with any applicable law, regulation, legal process or governmental request. BidCarbon may also disclose your information when BidCarbon determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that BidCarbon may retain any communication you make to us via the Site or any service offered on or through the Site. Furthermore, we may be required by law to disclose such data, or we may do so if we believe it is reasonably necessary to (1) To comply with legal process, to enforce these Terms of Use, to respond to claims that any such data violates the rights of others, or to protect the rights, property or personal safety of BidCarbon, its employees, users of or visitors to the Site, and the public.

Violation of These Terms of Use

Please be aware that BidCarbon may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BidCarbon’s rights or property, or the rights or property of visitors to or users of the Site, including BidCarbon’s customers. BidCarbon reserves the right to take legal action against any individual or entity that may be causing injury to or interference with BidCarbon’s rights or property, or the rights or property of visitors to or users of the Site, including BidCarbon’s customers. BidCarbon reserves the right to disclose any information that BidCarbon deems necessary to comply with any applicable law, regulation, legal process or governmental request. BidCarbon may also disclose your information when BidCarbon determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that BidCarbon may retain any communication you make to us via the Site or any service offered on or through the Site. Furthermore, we may be required by law to disclose such data, or we may do so if we believe it is reasonably necessary to (1) To comply with legal process, to enforce these Terms of Use, to respond to claims that any such data violates the rights of others, or to protect the rights, property or personal safety of BidCarbon, its employees, users of or visitors to the Site, and the public.

You agree that BidCarbon may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BidCarbon, for which monetary damages would be inadequate, and you consent to BidCarbon obtaining any injunctive or equitable relief that BidCarbon deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BidCarbon may have at law or in equity.

You agree that BidCarbon may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If BidCarbon does take any legal action against you as a result of your violation of these Terms of Use, BidCarbon will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BidCarbon. You agree that BidCarbon will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such a controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

BidCarbon administers and operates the www.bidcarbon.org Site from its location in Cupertino, California USA; other BidCarbon sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BidCarbon reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, they shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use. These Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and BidCarbon with regard to your use of the Site. Any and all other written or oral agreements or understandings previously existing between you and BidCarbon with respect to such use are hereby superseded and cancelled. BidCarbon will not accept any counter-offers to these Terms of Use. All such offers are categorically rejected. BidCarbon’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by BidCarbon of any provision or any right it has to enforce these Terms of Use. Furthermore, no course of conduct between BidCarbon and you or any other party shall be deemed to modify any provision of these Terms of Use. Finally, these Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

BidCarbon provides access to BidCarbon international data, which may contain references or cross-references to BidCarbon products, programs and services that are not announced in your country. Please note that such references do not imply that BidCarbon in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. BidCarbon shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

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