Last Updated: October 4, 2021
OPAL Fuels Terms and Conditions
BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS FURTHER DETAILED IN SECTION 13 BELOW.
- Changes to Terms. We may change these Terms from time to time. Any such changes will be posted on the Services. If we make material changes to these Terms, we will notify you by posting or displaying notice on the Services and/or via other electronic means (e.g., e-mail). By accessing the Services after we make any such changes, you are deemed to have accepted such changes. We recommend that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
- Right to Use the Services. OPAL Fuels grants you a limited, revocable, nonexclusive license to use the Services solely for your own personal use and not for re-publication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy materials on the Services, reverse engineer or break into the Services, or use materials, products or Services in violation of any law. The use of the Services is at the discretion of OPAL Fuels and OPAL Fuels may terminate your use of the Services at any time.
- User Conduct. You are solely responsible for your conduct in connection with the Services. You represent, warrant and agree that, while using the Services, you will not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, privacy, or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available through or in connection with the Services any material or take any action that is or may be, unlawful, harmful, threatening, abusive, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery or content, contains a link to an adult website, or promotes bigotry, hatred or violence of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material that you do not have a right to make available;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Services for commercial or business purposes, including, without limitation, by exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or web page;
- modify, disrupt, impair, alter or interfere with the Services or the use of the Services by any other user;
- falsely state or otherwise represent your identity or your affiliation with any person or entity or transmit or otherwise make available on, through, or in connection with the Services any false or misleading information;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users, or otherwise create a security or privacy risk for any other person or entity; solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “screen scraping”, “phishing”, “database scraping,” or use or launch any automated systems that access the Services.
- Eligibility. The Services are offered only within the United States to legal residents of the United States who are over the age of majority. The Services are not intended for or directed at individuals under the age of majority or who are not legal residents of the United States.
- Ownership. As between you and OPAL Fuels, OPAL Fuels owns, solely and exclusively, all right, title and interest in and to the Services and all content contained on and/or made available through the Services, including all illustrations, graphics, logos, copy, text, computer code, data, user interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including the design, selection, sequence, look and feel, and arrangement of the Services, as well as any copyrights, trademarks, Services marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein. The Services is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, distribution, use, modification or publication by you of the Services or any such content, other than as expressly permitted in these Terms, is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Services.
- Data and Wireless Access Charges. Certain aspects of the Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access fees in connection with your use of the Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will OPAL Fuels be responsible for any such data access fees and charges in connection with your use of the Services.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold OPAL Fuels and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Services.
- Disclaimer. THE SERVICES, AND ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THEREON, ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. OPAL FUELS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPAL FUELS OR ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICES PROVIDERS, ADVERTISERS OR SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE THEREOF, OR THE CONTENT THEREON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
- Applicable Law. These Terms are governed by the laws of the State of New York, without regard to its conflicts of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and/or the Services brought by, against or including OPAL Fuels, shall be brought in any state or federal court of competent jurisdiction located in New York, New York, and you hereby waive any objection to the exclusive jurisdiction of such courts for claims brought by, against or including OPAL Fuels. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER HAVE TO A TRIAL BY JURY. YOU AND OPAL FUELS AGREE THAT THE RESOLUTION OF ANY DISPUTES, CLAIMS OR ACTIONS ARISING HEREUNDER, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY USE OF THE SERVICES, SHALL BE CONDUCTED IN EACH OF YOUR AND OPAL FUELS’ INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND OPAL FUELS EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
- Severability Waiver. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of OPAL Fuels to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by OPAL Fuels must be in writing and signed by an authorized representative of OPAL Fuels.
- Termination. OPAL Fuels may terminate these Terms at any time, with or without notice, for any reason. These Terms shall remain in full force and effect while you use or are registered for the Services. You may terminate your use of or the Services at any time, for any reason, and OPAL Fuels may terminate your use of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after such termination, your obligations under these Terms, including, without limitation, any indemnifications, warranties and limitations of liability contained herein, shall remain in effect.
- Customer Support. For assistance with technical issues or customer support inquiries, please email us at [email protected].
- Contact Information.
OPAL Fuels LLC
One N. Lexington Ave
White Plains, NY 10601
These Terms were last modified on the date indicated above and are effective as of such date.