Conditions of Use
Each time you use the Website, you hereby certify that you have reviewed the most current Terms of Use (including any amendment(s) or revision(s) thereto) and that you agree to be bound by its terms. If you do not agree to be bound by the terms of this Agreement, you do not have Fluence’s permission to access and/or use the Website and you must discontinue all access to and/or use of the Website immediately.
Privacy Policy
By using this Website, you certify that you have reviewed Fluence’s privacy policy [INSERT LINK] regarding user data collection and that you agree that your use of the Website is subject to the data collection and use policies set forth therein.
Age Restriction
You must be at least 18 (eighteen) years of age to use the Website. By using the Website, you certify that you are at least 18 years of age and that you may legally adhere to this Agreement. Fluence assumes no responsibility for any liabilities arising from and/or relating to age misrepresentation.
Acceptable Use
Your access to and/or use of the Website is conditional and may be restricted or revoked by Fluence at any time in its sole discretion. You agree that you shall not use the Website, including any related resources or components, for purposes of:
(i) engaging in, advocating and/or promoting any illegal activity;
(ii) harassment, abuse and/or any other offensive behavior (as determined by Fluence);
(iii) distribution and/or use of malware, spyware, spam, phishing, email harvesting and/or any other form of interference with the legitimate business purposes of the Website; and/or
(iv) excessive use of hardware, software, data or other resources that would have the effect of degrading the performance and/or function of the Website.
Intellectual Property
You agree that all materials, products, and services provided on the Website are the property of Fluence—including its affiliates, directors, officers, employees, and/or agents, as applicable—including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You further agree that you will not reproduce or redistribute such intellectual property in any way, including electronically, digitally, or via new trademark registrations.
By uploading and/or publishing any content on the Website, you agree to grant a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast such content.
Applicable Law & Venue
By using the Website, you agree that (i) the laws of the state of the New York, without regard to principles of conflict laws, shall govern this Agreement and any dispute, controversy or claim that may arise between Fluence—including its affiliates, directors, officers, employees, and/or agents—and you; (ii) the sole and exclusive forum for any dispute arising out of or relating to this Agreement shall be a state or federal court of competent jurisdiction located within the State of New York, New York County; and (ii) you consent to the personal jurisdiction of and waive any forum non conveniens arguments with respect to the foregoing courts.
Disputes
Any dispute, controversy or claim arising out of or relating to your access to and/or use of the Website that cannot be resolved by good faith negotiations shall be subject to arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Limitation of Liability
Fluence is not liable for any damages that may occur to you as a result of your use or misuse of the Website. You agree to indemnify and hold harmless Fluence—including its affiliates, directors, officers, employees, and/or agents—against any and all claims, losses, damages, liabilities, penalties, expenses, legal fees and costs of any kind or amount whatsoever arising out of relating to your access to and/or use of the Website.
Severability
If any provision of this Agreement is found to be invalid or unenforceable in whole or in part, all other provisions (or portions thereof) shall nevertheless continue to be valid and enforceable to the maximum extent permitted by law with only the invalid or unenforceable portion severed from the Agreement.
Changes
Fluence reserves the right to amend its Terms of Use in its sole discretion. It is your responsibility to review the Terms of Use each time you use the Website to ensure that you are aware of any changes.
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The foregoing Terms of Use is a binding agreement between Fluence and the user, and supersedes and replaces any prior agreements regarding the use of this Website.