PROJECT CARBON FREEDOM
Effective Date: February 24, 2021
Thank you for your interest in the Project Carbon Freedom Coalition organized and sponsored by Global Partners LP (“Coalition” or “we”).
Before accessing and using the PCF Site, please read these Site Terms carefully because they constitute a legal agreement. BY USING THE PCF SITE, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE SITE TERMS;
YOU WILL COMPLY WITH THESE SITE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO LEGALLY BINDING CONTRACTS.
If you use the PCF Site as an employee or agent on behalf of an organization, you represent to the Coalition that you have the authority to bind that organization to these Site Terms.
1. WHEN THESE SITE TERMS APPLY
These Site Terms apply to your use of the PCF Site or any other website or service on or in which the Coalition posts them.
Additional terms may apply to certain features of the PCF Site, such as the digital advocacy messaging platform and widget operated by Phone2Action. When presented to you, you must agree to the additional terms before using the feature to which they apply. These Site Terms and the additional terms will apply equally unless an additional term is irrevocably inconsistent with these Site Terms, in which case the additional term will control but solely to the extent of the inconsistency.
2. CHANGES TO SITE TERMS
The Effective Date of these Site Terms is set forth at the top of this webpage. As we add new features to the PCF Site, we may need to modify these Site Terms. When we modify these Site Terms, we will update the Effective Date and send a notification email or use another method that we believe will provide notice to you. We will not make changes that have a material retroactive effect on your legal rights unless we are legally required to do so or to protect the rights of other Site users. Your continued use of the PCF Site after the Effective Date constitutes your acceptance of the amended Site Terms. The amended Site Terms supersede all previous versions of our agreements, notices or statements of or about the PCF Site Terms.
4. SITE CONTENT
The PCF Site and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof) (collectively, the “Site Content”) are owned by PCF and its third-party licensors and providers and are protected under both United States and foreign copyright, trademark and other laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Site Content except as expressly authorized in the Terms.
Nothing contained in these Site Terms grants by implication, estoppel or otherwise any license or right in or to the Coalition’s trademarks, logos or service marks (“Coalition Marks”).
Unauthorized use of any of Site Content or Coalition Marks may violate applicable law. All rights not expressly granted herein are reserved by the Coalition.
5. USING THE PCF SITE
a. Your Rights and Responsibilities.
Subject to these Site Terms, the Coalition grants to you a nonexclusive, nontransferable and limited right to access and use the PCF Site solely for your personal, non-commercial use only, except as follows:
• Your computer or web browser may temporarily store copies of Site Content incidental to your accessing and viewing the PCF Site, such as for display enhancement purposes.
• You may print or download one copy of a reasonable number of publicly-available pages of the PCF Site for your own personal, non-commercial use only.
• If the PCF Site integrates social media features or other third-party features with certain Site Content, you may take such actions as are enabled by those features.
Unless expressly permitted in these Site Terms, you agree that you shall not (and you agree not to encourage or allow any third party to):
i. reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the PCF Site, including the digital advocacy messaging platform, or Site Content;
ii. remove, delete, alter or obscure any copyright, trademark or other proprietary rights notice contained in the PCF Site or Site Content or knowingly violate any third party’s intellectual property right;
iii. use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any of the PCF Site;
iv. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the PCF Site or Site Content to any third party for any reason;
v. copy, modify, adapt, translate, reformat or frame, mirror or create derivative works or improvements of any portion of the web pages that are part of the PCF Site;
vi. use the PCF Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the PCF Site;
vii. attempt to gain unauthorized access to the PCF Site or the Coalition’s systems or networks through hacking, password mining or any other means;
viii. access or use the PCF Site for any purpose that is to the detriment or commercial disadvantage of the Coalition and its partners;
ix. collect or store personal information about any other user without that user’s express prior written consent or otherwise violate any third party’s privacy or publicity right;
x. use the PCF Site to send defamatory, obscene or other objectionable content or any unauthorized advertisement, junk mail or other unsolicited or unauthorized commercial or promotional content; or
xi. otherwise access or use the PCF Site for any unlawful purpose or beyond the scope of the authorization expressly granted under these Site Terms.
The Coalition has the sole discretion to terminate your access to the PCF Site without notice for any violation of the above rules.
You are solely responsible for any and all charges, fees and other costs related to use of the PCF Site. If you access and use the PCF Site on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.
b. Feedback. The Coalition may from time to time offer areas in the PCF Site where you and other users can post or otherwise submit (including via email) suggestions, ideas, notes, concepts or similar materials about the Coalition to or through the PCF Site (collectively, “Feedback”). By posting or transmitting Feedback to the Coalition (and/or our designees) through the PCF Site, you grant the Coalition and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Feedback in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Feedback is deemed non-confidential and non-proprietary and you are not entitled to payment if the Coalition uses your Feedback.
By posting Feedback, you represent and warrant that:
> you own or otherwise control all of the rights to your Feedback, including copyrights;
> your Feedback is true and accurate;
> your Feedback does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
> your Feedback complies with applicable laws, rules and regulations.
You acknowledge and agree that the Coalition has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted any Feedback. The Coalition takes no responsibility and assumes no liability for any Feedback posted by you or any third party. The Coalition is not responsible for information that you choose to communicate via Feedback.
6. LINKS TO OTHER WEBSITES
The PCF Site may contain links to third-party websites, including social media (collectively, “Linked Sites”). Linked Sites are not under the control of the Coalition and the Coalition is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. You access Linked Sites at your own risk. Unless expressly noted, a link does not imply endorsement by the Coalition of the Linked Site or any association with the operator of the Linked Site. The Coalition does not investigate, verify or monitor Linked Sites. The Coalition provides links to Linked Sites for your convenience only. Please check the URL address provided in your browser to see if you are on the PCF Site’s domain.
7. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
The Coalition warrants that the Coalition has validly entered into these Site Terms and has the legal power to do so. You warrant that you have validly entered into these Site Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PCF SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. The Coalition specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. The Coalition does not warrant that (a) the PCF Site will meet your requirements, (b) operation of the PCF Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by the Coalition or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE PCF SITE IS AT YOUR OWN RISK. YOU AGREE THAT NONE OF THE COALITION AND ITS MEMBERS AND AFFILIATES AND THIRD-PARTY LICENSORS OR PROVIDERS (“COALITION PARTIES”) ARE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, THAT ARISE IN ANY WAY FROM OR ARE RELATED TO USE OF THE PCF SITE OR THESE SITE TERMS, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF ANY OF THE COALITION PARTIES OR THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE MAXIMUM LIABILITY OF THE COALITION PARTIES FOR ANY TYPE OF DAMAGES ARISING FROM YOUR USE OF THE PCF SITE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR ACTUAL DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE SITE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT THE COALITION WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE SITE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 7 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER ANY RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. If these Site Terms and the term of a statute applicable to you conflict, then the term of the statute shall prevail but solely with respect to the conflict.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY “.
You agree to indemnify and defend the Coalition Parties and their respective directors, officers, members, managers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against any of the Coalition Parties by any third party arising from your Feedback or use of the PCF Site in violation of these Site Terms, the rights of a third party or applicable law. The Coalition reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of the Coalition may be made without the Coalition’s prior written approval.
9. GOVERNING LAW; DISPUTE RESOLUTION
All matters related to the PCF Site are governed by the internal laws of the Commonwealth of Massachusetts, United States, as such laws apply to agreements made and performed therein (without giving effect to the principles of conflicts of laws). Any legal action or proceeding relating to your access to, or use of, the PCF Site shall be instituted in a state or federal court in Suffolk County, Massachusetts. You and the Coalition agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You and the Coalition agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Site Terms.
YOU AND THE COALITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN ANY FORUM.
10. ELECTRONIC COMMUNICATIONS AND CONTRACTING
The communications between you and the Coalition may use electronic means. Except as prohibited by applicable law, you agree to receive communications from the Coalition in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Coalition electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your affirmative act of using the PCF Site constitutes your electronic signature to these Site Terms and your consent to enter into agreements with us electronically.
11. GEOGRAPHIC RESTRICTIONS
Our servers and operations are located in the United States and our policies and procedures are based on United States law. The PCF Site is not intended for distribution to, or use by, any person or entity in any jurisdiction outside the United States or where such distribution or use would be contrary to law or regulation, or that would subject the Coalition to any registration requirement within such jurisdiction.
These Site Terms automatically terminate when you fail to comply with any term or condition of them. The Coalition reserves the right to terminate or modify the PCF Site or your access to the PCF Site. For example, the Coalition may prohibit access to the PCF Site if the Coalition detects or suspects fraudulent use.
Termination of these Site Terms will not limit any of the Coalition’s other rights or remedies. Sections 4, 5.b., 7, 8, 9 and 10 through 13, as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Site Terms, shall survive termination.
b. These Site Terms inure to the benefit of and are binding on the Coalition’s and your successors and assigns, respectively.
c. The Coalition may assign these Site Terms to a successor in interest (in whole or in part) but you may not assign the PCF Site without the prior express written consent of the Coalition.
d. If any provision of these Site Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
e. If the Coalition fails or you fail to perform any obligation under these Site Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
f. Nothing contained in these Site Terms creates a relationship or partnership, joint venture, or agency between the Coalition and you.
g. There are no third-party beneficiaries to these Site Terms.
h. If the Coalition is or you are prevented from performing or unable to perform any obligation under these Site Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
i. Headings and captions are for convenience only.
If you have questions about the PCF Site or these Site Terms, please contact us via email at email@example.com or by telephone at 802.379.5116.
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