TERMS OF USE
Last updated: November 19, 2024
Welcome to our website! At Standard Biocarbon LLC (“SBC”, “we”, “our,” or “us”), we provide services, products, content and functionalities and solutions on or through https://standardbiocarbon.com, including all sub-domains (“Sites”), and any other online or offline interaction with SBC (collectively, “Services”).
By downloading, accessing, ordering or using any of our Services, clicking on the “I accept” button, or completing the registration process, you represent that you have read, understand, and agree to be bound by these Terms of Use, along with all other agreements, disclaimers, and disclosures displayed on the Sites (together, “Terms”). The term “you” or “your” refers to a user of any portion of our Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE, AND WE WILL NOT BE ABLE TO PROVIDE YOU WITH OUR SERVICES.
USER ELIGIBILITY
You are over the age of 13. Only individuals over the age of 13 may use the Services, or provide Personal Data (as defined in our Privacy Policy) through the Services, e.g., the person’s name, address, or contact information. If you are over age 13 and under age 18, you represent, and warrant that you have express authorization by your parent or legal guardian to accept and abide by the Terms of Use.
DISCLAIMER NOTICE
THE INFORMATION PROVIDED AS PART OF YOUR USE OF AND ACCESS TO THE SITES IS FOR PERSONAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE. SUCH INFORMATION MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. FOR MORE DETAILS, PLEASE SEE SECTION 4 (DISCLAIMER) BELOW.
ARBITRATION NOTICE
THIS TERMS CONTAIN AN ARBITRATION THAT REQUIRES YOU AND SBC TO RESOLVE DISPUTES BY BINDING ARBITRATION, INSTEAD OF JURY TRIAL OR CLASS ACTIONS. THEREFORE, PLEASE REVIEW SECTION 8 CAREFULLY, AS IT MAY AFFECTS YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE WITH US.
1. License to Use Services and Content
You acknowledge that the Sites and the entire contents, features and functionality are owned by SBC, its licensor or other provider of such materials and are protected by applicable IP laws and regulations. This may include, but is not limited to the SBC name, logo, and all related names, logos, product and service names, designs and slogans (“Marks”), all information, software, text, displays, images, as well as video and audio, and the design, selection and arrangement thereof. You must not use such Marks without the prior written permission of SBC. You acknowledge and agree that you do not acquire any ownership rights to the Sites, or any Services offered through the Sites, through this Terms or by use of the Sites. Provided that you comply with all your obligations under these Terms of Use, you are granted a limited, non-sublicensable license to access and use the Sites.
2. Acceptable Conduct
As a condition of use, you agree not to use the Sites for any purpose that is prohibited by the Terms or by applicable law. You shall not, and shall not permit any third party to: (1) take any action or (2) make available any contents on or through the Sites that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity, personal data or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of SBC; (f) interferes with, or attempts to interfere with, the proper functioning of the Sites or uses the Sites in any way not expressly permitted by the Terms; (g) attempts to engage in, or engages in, any potentially harmful acts that are directed against the Sites, including but not limited to violating or attempting to violate any security features of the Sites, engage in a denial-of-service attack or a distributed denial-of-service attack, or otherwise use the Sites in any manner that could disable, overburden, damage, or impair the use of Sites; (h) use manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Sites, or otherwise interfere with our robot exclusion headers or other similar measures; (i) introduces viruses, worms, or similar harmful code into the Sites, or interfering or attempting to interfere with use of the Sites by any other users, hosting providers, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Sites.
3. Privacy and Security
Where you provide your Personal Data (such as your name and contact information), we comply with our Privacy Policy, available at https://standardbiocarbon.com/privacy-policy/, which is incorporated in these Terms of Use by this reference.
While there is no such thing as “perfect security,” we will take reasonable steps to help ensure the safety of your personal information. However, the safety and security of your personal information also depends upon you. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
4. Disclaimers
To the maximum extent permitted by law, our Services provided through the Sites are provided “as is” and “as available”, and at your sole risk. We, including our affiliates, officers, employees, directors, agents, partners and licensors (“SBC Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. We make no warranty that our Services will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our Services will be accurate or reliable, or that they will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Services will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
The information presented on or through the Sites is made available solely for general information purposes. The content on the Sites may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
5. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SBC PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE CUMULATIVE LIABILITY OF THE SBC PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES SHALL NOT EXCEED $100 (USD), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE SBC PARTIES.
6. Release and Indemnification
You agree to indemnify and hold the SBC Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with your use of the sites or any violation of these terms. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against SBC.
7. Third-Party Services & Content
As an accommodation to you and our other visitors, our Services may contain links to third party Services, advertisers, websites, special offers or other events or activities (collectively, “Third-Party Services”) that are not owned or controlled by SBC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services, nor do we endorse such Services. SBC does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via Third-Party Services. If you access a Third-Party Services in the course of using the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Services. You expressly relieve the SBC Parties from any and all liability arising from your use of any Third-Party Services or third party-owned content.
8. Governing Law; Arbitration; Class-Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SBC (COLLECTIVELY, THE “PARTIES”) TO AGREE TO RESOLVE ALL DISPUTES BETWEEN THE PARTIES THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Maine will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the Parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms, or your use of the Services shall be brought in state or federal court in Enfield, Maine and you consent to the jurisdiction of such courts.
For any dispute you have with any SBC Parties, you agree to first contact SBC and attempt to resolve the dispute with SBC informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with these Terms or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in Boston, Massachusetts, by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The Parties agree that the decision in such arbitration shall be binding on both Parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS SBC AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SBC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
9. Online Payment
From to time, SBC may accept payments through a third-party provider. You understand and acknowledge that SBC is not a payment processor subject to the PCI DSS requirements. SBC uses the services of a third-party payment processor ("Payment Processor"), to process payments for product or services purchases. You acknowledge and agree that the use of a Payment Processor is optional and available only at your request. The Payment Processor manages the routing and processing of all required information to process payments for product or services purchases including credit card and other financial information. SBC is not affiliated with the Payment Processor and neither SBC nor the Payment Processor is an agent or employee of the other.
In processing payments, you may be redirected to an external website operated by a Payment Processor. We cannot and do not: (1) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website; or (2) control any Payment Processor's collection or use of your Personal Data. You agree that any Personal Data provided by you or automatically collected by you from a Payment Processor will be governed by that Payment Processor's privacy policy and terms of use. You are solely responsible for all charges that occur through a Payment Processor and acknowledge. You agree that SBC shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed donations. SBC expressly disclaims any responsibility and liability for all services provided by a Payment Processor.
10. Updates to Services and Terms
We may, from time to time and at our sole discretion, discontinue or alter all parts or any aspect of the Services, remove Content, or restrict the availability of the Services. We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page.
We encourage you to check our Terms of Use every time you visit the Sites or otherwise interact with our Services. Your continued use of our Services and/or utilization of any Services benefits after these Terms have been updated indicates your agreement and acceptance of the updated version of these Terms.
11. General
11.1 Submissions. We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with SBC through “Contact us,” or other similar pages on our Services, or through our social media pages (collectively, “Feedback”). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed or required by law). We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. If you choose to use the features in our Services to let a friend know about our Services (“Referral”), we need you to provide such individual’s contact information. You represent and warrant that you have all rights necessary to submit the Feedback or provide your contact’s information to make the Referral.
11.2 Term and Termination. These Terms are effective unless and until terminated by SBC or you. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the foregoing. You may terminate these Terms at any time by discontinuing all use of the Services.
11.3 Access from Outside of the United States. Our Services and SBC Content is hosted in the United States and is governed by the laws of the United States. Our products and Services are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
11.4 Entire Agreement/Severability. These Terms of Use, together with the Privacy Policy, together with along with all other agreements, disclaimers, and disclosures displayed on the Sites, shall constitute the entire agreement between you and SBC concerning the Services provided through the Sites and supersede all previously written or oral agreements regarding the Sites. However, these Terms do not supersede or amend any other written agreement you have with us, including our agreement with dealers. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
11.5 No Waiver. No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SBC’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
11.6 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Services and SBC contents and all provision indicating an ongoing obligation shall survive any termination or expiration of these Terms of Use, but shall not imply or create any continued right to use the Services after the termination.
11.7 Contact Us. All feedback, comments, request for technical support, and other communications relating to the Services should be directed to info@standardbiocarbon.com or Standard Biocarbon LLC, 542 Hammett Road, Enfield, ME 04493.