Rubicon Terms of Use
These Terms of Use constitute a legally binding agreement between Rubicon Carbon Services, LLC and its affilities (together, “Rubicon”, “our”, “us”, or “we”) and you, the user of https://rubiconcarbon.com and any other Rubicon-owned websites or online services (including those provided by our third party vendors), and including with respect to that links to these Terms of Use (collectively, the “Site”). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site. Rubicon reserves the right to amend these Terms of Use in its sole discretion. Rubicon will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” on the Site each time you visit the Site.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Rubicon. If you do not meet all of these requirements, you must not access or use the Site.
The information presented on or through the Site is made available solely for informational purposes in relation to services provided by Rubicon. Rubicon does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Rubicon disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Purpose of the Site
The information presented on or through the Site is made available solely for informational purposes in relation to Rubicon and its business and operations. Rubicon does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Rubicon disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site is not intended to provide legal, business, tax, accounting, financial, or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, financial, or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any commodity, security or token and the Content is not to be relied upon for the purpose of making purchase or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any purchase decisions or other determinations made, including, the evaluation of any purchase or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, or other advice regarding any Content provided in connection with the Site. Without limiting any other disclaimers herein, we expressly disclaim any liability or responsibility arising out of actions or inactions you or others take based on the Content.
Regulatory Disclosures
Rubicon does not solicit or make its services available to the public. Certain information contained on this Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Rubicon as of the date such statements were made. None of Rubicon or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
Privacy Policies
In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy, EU and UK Privacy Statement and California Consumer Privacy Statement, which are incorporated by reference herein, as applicable. Our Privacy Policy, EU and UK Privacy Statement and California Consumer Privacy Statement contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy, EU and UK Privacy Statement and California Consumer Privacy Statement, as applicable.
User Accounts
If you choose, or are provided with, a user name, password or any other piece of information as part of Rubicon’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify Rubicon immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Rubicon has the right to disable any user at any time in Rubicon’s sole discretion for any or no reason, including if, in Rubicon’s opinion, you have violated any provision of these Terms of Use.
Ownership
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site, any and all information and content available through the Site, including strategies, policies, business plans, research, concepts, data analysis, data depictions, blogs, white papers, images, audio, video and other information, and any copyrights, works of authorship, and derivative works thereof (collectively, the “Content”) are proprietary to Rubicon and/or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Rubicon or otherwise) or as expressly permitted in these Terms of Use. Nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content. All rights not expressly granted to you in these Terms of Use are expressly reserved by us and/or our licensors.
Content Restrictions
We reserve the right to limit access to Content to some or all users in our discretion. We may restrict certain Content to authorized users and require you to enter a username and password to access such Content. You may only access Content for which we have given you express permission to access or the ability to access through your account on the Site. You may access Content only for your own informational purposes, subject to the disclaimers contained herein and provided you comply at all times with these Terms of Use with respect to such Content. You may not use Content for any of the activities listed under Prohibited Conduct below. Without limiting the foregoing, you may not use or attempt to use Content, directly or indirectly, in whole or in part, to:
- copy, modify, or create derivative works of the Content; (b) sell, lease, lend, rent, sublicense, assign, distribute, publish, transfer, or otherwise make the Content available to any other party; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the sources of any data in the Content or methods used to compile the Content; (d) use Content to build a competitive product or service; (e) remove any proprietary notices included within the Content; (f) publish, enhance, or display any compilation or directory based upon information derived from the Content; or (g) use the Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
To request approval for any uses of Content not expressly permitted herein (which request we may deny or limit in our sole discretion), please contact privacy@rubiconcarbon.com.
Prohibited Conduct
You agree to abide by all applicable laws and will not (a) copy, reproduce, distribute, publish, republish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, perform, transmit, create derivative works, exploit for commercial purposes or make any unauthorized attempt to access or use the Site or Content; (b) alter, remove, obscure or falsify any attributions or other proprietary designations of origin or source of the Site or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the Site in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the Site; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Site or any Content; (f) take any action that imposes an unreasonable or disproportionately large load on the Site; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, licensors, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Use; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the Site; (j) interfere with or disrupt the integrity or performance of the Site or the data contained therein; or (k) access the Site in order to build a competitive product or service, copy any features, functions or graphics of the Site or monitor the availability and/or functionality of the Site for any benchmarking or competitive purposes.
In addition, you agree you will not upload, transmit, post, email, or otherwise make available to the Site any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Site or any computer software or hardware or equipment associated with the Site.
Feedback or Ideas
From time to time, you may provide feedback, suggestions, or other ideas about the Site, services offered by Rubicon, Content or other materials provided by Rubicon to you (collectively, “Feedback”). In consideration of your use of the Site and any of our services or materials, you agree that Rubicon shall own all Feedback and related intellectual property rights, whether provided orally or in writing, and you hereby assign all right, title, and interest (including all intellectual property rights) that you have or may have in Feedback to Rubicon without compensation to you, and agree to take such actions and to execute such documents as reasonably requested by Rubicon to confirm, convey, record, or otherwise give effect to Rubicon’s sole ownership of the Feedback. For any Feedback that cannot be legally assigned to us, you hereby grant us an exclusive, unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, and otherwise use your Feedback for commercial or non-commercial purposes in any manner and medium with no compensation to you.
Third-Party Links
From time to time, Rubicon may provide links from this Site to websites operated by third parties. Rubicon’s decision to do so is in no way an endorsement of these sites. Rubicon does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Rubicon reserves the right to terminate any link at any time.
Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY RUBICON, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. RUBICON FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Limitation of Liability
RUBICON DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, RUBICON IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL RUBICON BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Rubicon, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site or Content, including your violation of any third party rights and any claim that your use of the Site or Content caused damage to a third party. Rubicon reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Rubicon for all liabilities, losses, or damages. You agree to provide Rubicon with whatever cooperation it reasonably requests.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.
Miscellaneous
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Rubicon’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Rubicon may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Rubicon as joint venturers, co-employers, partners, or agents of each other, and neither you nor Rubicon has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Rubicon at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to Rubicon or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts.
The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. You agree that we may send to you in electronic form any notices or other communications regarding the Site and such electronic form will satisfy any legal requirements with respect to communications or notice.
We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Site or Content, delete Content, or restrict your access to the Site or Content.
Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation”.
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at privacy@rubiconcarbon.com.