Web Site Terms and Conditions of Use

Web Site Terms and Conditions of Use

Agility Terms of Use

Please read this document carefully before using this web site. Do not use this web site if you do not agree with the terms and conditions present in this document. Use of this web site signifies compliance with these Terms of Use.

Site Usage

Agility Fuel Solutions LLC (“Agility”) (its subsidiaries, joint ventures and affiliates, and also its authorized distributors) authorize you to view and download designated electronic information at this web site ("Site"). This electronic information ("Information") may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Information and on any copies of the Information. You may not modify the Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Information for any commercial purpose. For purposes of these Terms of Use, any use of the Information on any other web site or networked computer environment (including but not limited to posting of Information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Agility. The Information at this Site is copyrighted and any unauthorized use of any Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Information obtained from the site.

User Access

Agility may at any time, in its sole discretion: (1) revoke the access of any user to this site; (2) modify, change, withdraw or delete this site and/or any of these conditions of use in whole or in part.

Links to Third Party Sites

Any links provided on Agility sites may allow the user to leave the Agility sites. The linked sites may not be under the control of Agility, and Agility shall not be responsible for the content of any linked site or link contained in a linked site. Agility provides these links as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by Agility of that site.  If you decide to visit a linked site, you do so at your own risk.

Intellectual Property

The names, images and logos identifying Agility, or third parties and their products and services are subject to copyright, design rights and trademarks of Agility and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Agility, or any other third party.

User Submissions

Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to Agility using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Agility or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Agility for any and all damages resulting from the user's actions that violate any of these policies.

Disclaimer

The materials provided at this site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Agility further does not warrant the accuracy and completeness of the materials at this Site. Agility may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this site may be out of date, and Agility makes no commitment to update the materials at this site. Information published at this Site may refer to products, programs or services that are not available in your country or local area. Consult Agility directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT SHALL AGILITY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS WEB SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS WEB SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. AGILITY DISCLAIMS ANY LIABILITY FOR USE OF AGILITY PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

Indemnification

You agree to defend, indemnify, save and hold harmless Agility, its licensees and Agility’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys' fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.

Applicable Laws

Agility makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

General

Agility reserves the right to modify these Terms of Use at any time. The terms on this page are binding upon you, therefore, you should review them often. Terms listed in this document may be superseded by specific terms elsewhere on the site.

Order Forms, Registrations Forms and E-mail

This Site uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Agility explicitly states that these forms do not constitute any agreement between Agility and the person submitting the form. Agility expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Agility directly via telephone. E-mail that is sent to Agility is transmitted via the Internet. Agility is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

Notice Requirements of DMCA

Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) to:  Chief Legal Officer, 3335 Susan St. Suite 100, Costa Mesa, California 92626, 949-236-5521, legal@agilityfs.com.