Terms of Use

NESTE US, INC.

Effective Date: June 18, 2020

 

These Terms of Use (the “Terms of Use”), as updated from time to time, govern the use of the Neste US, Inc. www.neste.us website (“Site”) and the information on any products or services we provide on through the Site (collectively, “Services”).

These Terms of Use form a binding agreement regarding the Services between you and Neste US, Inc. and its parent, subsidiaries and related companies (collectively, “Neste”).

Acceptance

Please read these Terms of Use carefully. These Terms of Use incorporate by reference our Privacy Policy, available here (and which may be updated from time to time) (“Privacy Policy”). By accessing or using our Site, or registering for or using the Services, you confirm that you have read, understood, and accepted these Terms of Use.

We grant you a personal, limited, non-transferable, non-exclusive right to access and use the Site as set forth in these Terms of Use, provided that (i) your use of the Site and Services as permitted hereunder is solely for your use; (ii) you will use the Site and the Services only for purposes that are permitted by these Terms of Use; (iii) you will not alter, adapt or otherwise modify any part of the Service other than as may be reasonably necessary to use that part of the Service for its intended purpose; (iv) you will use the Site and the Services in accordance with all applicable laws and regulations; and, (v) you will otherwise comply in full with these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE SERVICES. IMPORTANT: THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER.

Availability. We shall use commercially reasonable efforts to provide continuous access to the Site or the Services. We do not guarantee that the Site or the Services will be accessible at all times. The Site or the Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. We reserve the right to require you to change your password if we believe it’s unsecure. We have the right to refuse to provide access to the Site if we believe your use of it violates our policies.

Your Obligations as User

The purpose of the Site and the Services is to improve your customer experience and to develop our business by providing you with the Site and its features.

You must keep your possible login credentials confidential and must not disclose them to anyone. You are obliged to regularly change your password and to inform us without delay if you become aware or suspect that your password been discovered or accessed without authorization.

By accepting these Terms of Use you agree to be fully and exclusively responsible for all actions taken through your user account. You are also fully liable for all payment transactions and other commitments you make. The use of certain functionalities of the Services may require that you are at least 18 years of age. By agreeing to the Terms of Use, you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Site and Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, and, (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Site or the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization. The use of the Services or their functionalities may also require separate registration or other measures.

Neste has also the right not to offer you the Services or some of their features. For example, payment of products offered by Neste through the Services requires  a separate credit decision.

Intellectual Property Rights

You agree that use of the Site and the Services does not constitute any basis for ownership of the Site or the Service and that we, our affiliates or our licensors own all legal right, title, and interest in and to the Site and the Services and all information, materials, images, software, photographs, articles, functions, text, and other content (collectively, “content”) solely provided by or on our behalf on the Site. The Site and content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Site and Services. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are our property, or that of our affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site or the Services will terminate the permission or license granted herein and may violate applicable law. Unauthorized copying of Site content is prohibited, unless specifically authorized in these Terms of Use.

Without our prior written consent, you agree not to:

  • Use the Site or Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • sell, distribute or otherwise transfer the Services or the materials they contain to any third party.
  • create any derivative works of the Site or any content.
  • use the Services or any materials they contain for any commercial purposes.
  • allow a third party to take any of the above mentioned actions.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. 
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

You agree not to copy any material or other data on the Site. You may download a reasonable limited number of copies of the material on the Website to your computer for your personal and non-commercial use, unless we have given separate written permission for other use.

User Feedback; Social Media Postings

By submitting any ideas, comments, suggestions or other information to us (through our Site, social media sites, or other digital platforms, or through Google, or other review sites, or other means), including, but not limited to, those related to improvements to the Site or services related to the Site; (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you.

You also may submit information, such as comments, reviews, testimonials, etc., to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. By posting any Content you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed (“Right to Use”).

If you have posted to our YouTube or other social media pages or platforms, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc., you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.

Personal Data

We will maintain and use your “personal data” as defined in, and according to our Privacy Policy.

Termination

We reserve the right to deactivate any user accounts which have not been active for at least six (6) months. We reserve the right to delete data in deactivated accounts. 

We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.

We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you or any of your account contacts breach, whether intentional or unintentional, any of these Terms of Use, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you or your company will be or are subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (vi) if your account becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; or, (ix) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify. In the event of any such closure of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms of Use.

Upon any closure of your account: (i) these Terms of Use and all rights granted hereunder shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; and, (iii) you will be billed for, and we may automatically attempt to collect from your payment method, any outstanding amount owed. You agree to hold us harmless from and against any and all claims, losses, or damages arising from any closure of your account. Any and all sections in these Terms of Use which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.

Limitation of Liability

THE SITE AND THE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY OR IMPLIED OTHER THAN AS EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR RELATED TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THIS SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE STATE IN WHICH YOU RESIDE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

In the event the Site links to a website page of a third party, such link is solely for the convenience of users, and Neste shall have no liability for the content or accuracy of any information contained on such website page.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION, UNAVAILABILITY OR DELETION OF THE SERVICES) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SERVICES, THE USE OF THE SITE OR THE SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR THE SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE FAILURE OF YOU TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITE, SERVICE, OR ANY CONTENT IS TO STOP USING THE SITE AND THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).
BECAUSE SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, ATTORNEYS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

We assume no liability of any indirect expenses, damages or losses (including cover purchase) resulting from the use of the Services or the inability to use the Services. Furthermore, we are not liable for damages which are due to a force majeure event.

We have the right to suspend or terminate any or all of the Services or prevent the use of the Services or part thereof and not to carry out a purchase or other actions made by you through the Services, especially due to safety reasons; there is a reason to suspect that the Services or a feature thereof are being used unjustly, illegally or fraudulently; or, you use the Services or their feature in a manner which is substantially against these Terms of Use or special terms of the Services’ feature.

Part of the Services may include forward-looking statements regarding the business, the results of the activities and the financial status of Neste. Statements which are not based on historical facts are or can be considered as forward-looking statements. Such forward-looking statements are based on prevailing expectations and assumptions. The statements depend on known and unknown factors that may result in Neste’s or its field of business actual results, performances or achievements being significantly different compared to what these forward-looking statements either directly or indirectly express. Forward-looking statements given by third parties do not represent the opinions or predictions of Neste or its management. Forward-looking statements are not meant as investment advice. Neste has no obligation to verify or update the estimates or other forward-looking statements issued by analysts or other third parties. In case you use or capitalize on forward-looking statements, you do it at your own responsibility and risk.

You shall also be fully liable for all the data that you have reported or sent to the Services. Neste has the right to publish and otherwise use such data that you have provided to Neste through the Services. Neste also reserves the right to delete such data at any time. The Services may also contain links to third party websites. By activating any of such links you leave the Services provided by Neste. Neste is in no way liable for the functioning of such websites, the processing of data collected by those websites, the content, correctness or accuracy of information on these websites or the use of such websites. Neste does not supervise the nature or the content of such websites. Furthermore, Neste does not recommend the websites, information on them or products or services of any third party. We recommend that you read the terms of use and the privacy policies of the websites carefully.

Indemnification

By utilizing the Site or the Service you agree to indemnify, defend and hold us and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, and agents harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of the Site or the Services in violation of these Terms of Use (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any expiration or termination of the Terms of Use.

Cooperation with Law Enforcement and Government Agencies; Required Disclosures

You acknowledge that we have the right to investigate and prosecute violations of these Terms of Use, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your personal data if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms of Use (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

Disputes

Choice of Laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its choice of law provisions. We strive to settle any possible disagreement directly with you.

Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms of Use or the transactions contemplated hereby.

Communications

By creating a user account or giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us and/or by posting the Communications on the Site (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For users with an account, Communications may be those that we are required to send to you by law concerning us, your account or information, the Site, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

Updates to the Terms of Use

We may at any time, without prior notification, make changes to the Services. We may also stop providing the Services at any time and delete the data that are in the Services and collected and processed through them without prior notice. We may at any time unilaterally change or supplement these Terms of Use by posting them on our Site, notifying you about the change in the Services or contacting you by other means. The updated Terms of Use will be effective upon posting to our Site. By continuing to use the Site or the Services thereafter you accept the changed Terms of Use. In case you do not want to accept the changes, you can, unfortunately, no longer use our Services after the change.

Miscellaneous

These Terms of Use, including, but not limited to, the Privacy Policy (and updates to the foregoing), and any other terms agreed to by way of your express consent or your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. If one or more of the provisions of the Terms of Use shall be found invalid, illegal, void or unenforceable, the other provisions shall be interpreted in accordance with applicable laws as precisely as possible, corresponding to the original purpose of these terms. In other respects the terms shall remain fully in force. The failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Assignment. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms of Use, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms of Use will be of no power or effect. We may assign these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your personal data in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, if a potential buyer is interested in purchasing us, you agree that we may provide the potential buyer with your personal data on a confidential basis and subject to the use restrictions in these Terms of Use.

Further Information

If you have any questions regarding the Services or these Terms of Use, please contact us by email at neste@neste.com