Effective Date: February, 2022
These Terms affect your legal rights, responsibilities and obligations and governs your use of the Site, are legally binding, limit Cox Cleantech’s liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration, subject to a limited ability to opt-out of mandatory arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Site.
In some instances, additional or different terms, posted on the Site,may apply to your use of certain parts of the Site (individually and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Termswill control unless the Additional Terms expressly state otherwise.
Updates to These Terms and Additional Terms
We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Site as more fully explained in Section 8.
1. OWNERSHIP AND YOUR RIGHTS AND TO USE THIS SERVICE AND CONTENT
The Site and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Cox Cleantech and our licensors and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Site is the property of Cox Cleantech, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Cox Cleantech owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
B. Your Rights to Use This Content.
Your right to use the Site and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Site and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Site and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Cox Cleantech Licensed Elements”):
- Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site;
- Subject to any applicable Additional Terms, if the Site includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
- If the Site includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
- Link to the Site from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Cox Cleantech names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Cox Cleantech or cause any other confusion, and (c) the links and the content on your website do not portray Cox Cleantech or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Cox Cleantech. Cox Cleantech reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
- Use any other functionality expressly provided by Cox Cleantech on or through the Site for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
C. Rights of Others.
In using the Site, you must respect the Intellectual Property and rights of others and Cox Cleantech. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability.
D. Reservation of all Rights Not Granted as to Content and Site.
These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Site and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY COX CLEANTECH AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Site for any purpose is prohibited.
E. Third Party Services.
2. THE CONTENT YOU SUBMIT
Cox Cleantech may now, or in the future, offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner (e.g., on our Facebook or other social media pages, in response to our tweets, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Cox Cleantech Licensed Elements included therein, “User-Generated Content”or “UGC”). You may submit UGC through your profile, forums, social networking environments, content creation and posting tools, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally identifiable right, title, and interest that you have in your UGC.
B. Non–Confidentiality of Your User-Generated Content.
C. License to Cox Cleantech of Your UGC.
D. Cox Cleantech’s Exclusive Right to Manage Our Service.
E. Representations and Warranties Related to Your UGC.
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Cox Cleantech the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Cox Cleantech obligation to obtain consent of any third-party and without creating any obligation or liability of Cox Cleantech; (b) the UGC is accurate; (c) the UGC does not and, as to Cox Cleantech’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
Cox Cleantech has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Cox Cleantech’s cost and expense, to which you hereby consent and irrevocably appoint Cox Cleantech as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
2. SITE AND CONTENT USE RESTRICTIONS.
A. Site Use Restrictions.
You agree that you will not: (i) use the Site for any political or commercial purpose in competition with us (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Cox Cleantech; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever or modify any Site source or object code or any Software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Cox Cleantech, or other users of the Site; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions.
You also agree that, in using the Site, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of Cox Cleantech Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Cox Cleantech or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Site.
C. Availability of Site and Content.
Cox Cleantech, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Site and/or Content (and any elements and features of them), in whole or in part, for any reason, in Cox Cleantech’s sole discretion, and without advance notice or liability.
4. NOTICES, QUESTIONS AND CUSTOMER SERVICE.
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Cox Cleantech Legal Department at 6205-A Peachtree Dunwoody Road NE Atlanta, GA 30328. If you have a question regarding the Sites, you may contact Cox Cleantech Customer Support by sending an email to CoxCleantechprivacy@coxinc.com. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
5. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION;
CLASS ACTION; CLASS ARBITRATION AND COLLECTIVE ARBITRATION WAIVERS.
IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 5(B) BELOW, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THESE TERMS; PROVIDED HOWEVER IF YOU ACCESS OR USE THE SITE AFTER THE EFFECTIVE DATE OF THESE TERMS, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH COX CLEANTECH THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 5(G) or the survival terms in Section 5(H)) by notifying Cox Cleantech of that intent during the Opt-Out Period by sending an email to Cox Cleantech at CoxCleantechprivacy@coxinc.com or a letter via U.S. mail to Cox Cleantech Legal Department, Attn: Litigation Counsel, 6205-A Peachtree Dunwoody Road NE Atlanta, GA 30328 stating that you are opting out of this dispute resolution provision. Exercising this right, should you choose to do so, will not affect any of the other terms of these Terms with Cox Cleantech, and you may remain a Cox Cleantech customer. If you opt out of the dispute resolution provision, that opt out will remain in effect if Cox Cleantech modifies this section in the future or you agree to a new term of service under these Terms. If you enter into new terms with Cox Cleantech that includes a dispute resolution provision and you want to opt out of that provision, you will need to follow the instructions in that agreement for opting out.
C. “Class Action Waiver”; “Class Action Arbitration”; and “Collective Arbitration Waiver”
You and Cox Cleantech agree that all Disputes between you and Cox Cleantech will be arbitrated individually, and that there will be no class, collective, coordinated representative, or consolidated actions in arbitration (a “Class or Collective Arbitration”). You and Cox Cleantech agree that any action or agreement by you to bring claims or to participate in any claims related to a Dispute in a Class or Collective Arbitration is contrary to these Terms. A Collective Arbitration shall include, but is not limited to, any claim (i) to resolve a Dispute involving two (2) or more similar claims for arbitration filed by or on behalf of one or more claimants; (ii) which involves common questions of law or fact; (iii) which involves an agreement to cooperate or coordinate the arbitration demands being asserted against the same defendant(s); and (iv) is initiated at or near the same time. You and Cox Cleantech agree that this class action waiver and Collective Arbitration waiver shall be binding in any arbitral proceeding. No arbitrator shall have the authority to consolidate, join, or allow the coordination of more than one (1) person’s claims or to preside over a class, collective, mass or representative proceeding in any form. No arbitrator shall have the authority to determine the enforceability of this Section 5(C). If you or Cox Cleantech brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Cox Cleantech may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Cox Cleantech. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court then the entire arbitration agreement set forth in this Section 5 will not apply to any Dispute between you and Cox Cleantech, except for the provisions of Section 5(G) waiving the right to jury trial. This class action and collective arbitration waiver may not be severed from our arbitration agreement.
D. Arbitrator Authority:
The arbitration between you and Cox Cleantech will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and Cox Cleantech agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the Applicable Law (defined in Section 9(I)), but that injunctive or declaratory relief may not extend beyond you and your dealings with Cox Cleantech. Review of arbitration decisions in the courts is very limited.
E. Informal Dispute Resolution:
You and Cox Cleantech agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, please contact Cox Cleantech at CoxCleantechprivacy@coxinc.com. If a Cox Cleantech representative is unable to resolve your dispute in a timely manner, you agree to then notify Cox Cleantech of the dispute by sending a written description of your claim to Cox Cleantech Legal Department, Attn: Corporate Escalation Team, 6205-A Peachtree Dunwoody Road, Atlanta, GA 30328 so that Cox Cleantech can attempt to resolve it with you. If Cox Cleantech does not satisfactorily resolve your claim within 30 calendar days of receiving written notice to Cox Cleantech Legal Department of your claim, then you may pursue the claim in arbitration. Neither you nor Cox Cleantech may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to Cox Cleantech, please send such notice via U.S. mail to the Cox Cleantech Legal Department, Attn: Litigation Counsel, 6205-B Peachtree Dunwoody Road, Atlanta, GA 30328. If Cox Cleantech is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.
F. Arbitration Procedures:
You and Cox Cleantech agree that these Terms and the services Cox Cleantech provides to you affect interstate commerce and that the Federal Arbitration Act and not state arbitration laws applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Cox Cleantech at CoxCleantechprivacy@coxinc.com or via U.S. mail to Cox Cleantech Legal Department, Attn: Litigation Counsel, 6205-A Peachtree Dunwoody Road, Atlanta, GA 30328. You must also comply with the AAA’s rules regarding initiation of arbitration. Cox Cleantech will pay all filing fees and costs for commencement of arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to these Terms or Applicable Law. Cox Cleantech will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, Cox Cleantech will pay your reasonable attorney’s fees and costs. If you obtain an award from the arbitrator greater than Cox Cleantech’s last written settlement offer, Cox Cleantech will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in the county of Atlanta, Georgia and either party may appear either in person or by telephone.
G. Jury Trial Waiver:
If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and Cox Cleantech expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Cox Cleantech if, for any reason, the arbitration agreement is not enforced.
This dispute resolution provision survives the termination of your use of the Sites. If you bring a claim against Cox Cleantech after termination of your use of the Site that is based in whole or in part on events or omissions that occurred while you were using the Sites, this dispute resolution provision shall apply.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR SOLE RISK AND THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Cox Cleantech and their direct and indirect parents, subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “the Cox Cleantech Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Sites, Content, Cox Cleantech Licensed Elements, UGC or other Cox Cleantech products or services, except as set forth in subsection C, below.
B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE COX CLEANTECH PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
C. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE COX CLEANTECH PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY THE COX CLEANTECH PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE COX CLEANTECH PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE COX CLEANTECH PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE COX CLEANTECH PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
7. LIMITATIONS OF OUR LIABILITY.
A. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COX CLEANTECH PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Sites, Content, Cox Cleantech Licensed Elements, UGC or other Cox Cleantech products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Cox Cleantech.
B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Cox Cleantech Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Sites).
C. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COX CLEANTECH PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COX CLEANTECH IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
D. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE COX CLEANTECH PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY THE COX CLEANTECH PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE COX CLEANTECH PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE COX CLEANTECH PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE COX CLEANTECH PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
8. UPDATES TO TERMS.
9. GENERAL PROVISIONS.
A. Cox Cleantech’s Consent or Approval.
As to any provision in these Terms or any applicable Additional Terms that grants Cox Cleantech a right of consent or approval or permits Cox Cleantech to exercise a right in its “sole discretion,” Cox Cleantech may exercise that right in its sole and absolute discretion. Note Cox Cleantech’s consent or approval may be deemed to have been granted by Cox Cleantech without being in writing and signed by an officer of Cox Cleantech.
C. Operation of the Site; Availability of Products and Services; International Issues.
Cox Cleantech controls and operates the Site from the U.S.A., and makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
D. Export Controls.
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
E. Severability; Interpretation.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival.
Cox Cleantech may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cox Cleantech.
H. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Cox Cleantech in exercising any of the rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
I. Applicable Law.
These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with, the laws of the State of Georgia, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
© 2022 Cox Cleantech, owned and operated by Cox Enterprises, Inc. All Rights Reserved