
PLEASE READ THESE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEB SITE.
Clean Car Maps, Inc. (“Clean Car Maps”), a division
of CALSTART, provides you access to the Clean Car Maps web site
(the "Site") and the related services (the "Services")
subject to your compliance with the terms and conditions set forth
below (the "Terms and Conditions"). If you do not agree
with any of the Terms and Conditions, DO NOT USE THIS SITE. Your
continued use of this Site evidences your agreement to be bound
by each of the Terms and Conditions and constitutes a legally
binding contract between you and Clean Car Maps.
Clean Car Maps reserves the right to change or modify these Terms
and Conditions of use at any time. Any change or modification
made by Clean Car Maps will be effective immediately upon posting
on the Site and your continued use of the Site means that you
have agreed to accept any changes or modifications made by Clean
Car Maps.
INTELLECTUAL PROPERTY
All text, graphics, multimedia content or other material available
from the entry point URL http://www.cleancarmaps.com
and pages within that domain and all related code, including but
not limited to films, images, text, layouts, arrangements, displays,
illustrations, audio and video clips, HTML, other mark-up languages,
and all scripts within this Site ("Material(s)") are
the property of Clean Car Maps and/or its affiliates and are protected
by copyrights and other proprietary intellectual property rights
that are owned or controlled by Clean Car Maps or by other parties
that have licensed their Material to Clean Car Maps. Material
from the Site may not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed in any way except that you
may download one copy of the Materials on any single computer
for your personal, noncommercial home use, provided you keep intact
any copyright and other proprietary notices. Modification of the
Materials or use of the Materials for any other purpose is a violation
of copyright and other proprietary rights. The use of any such
Material on any other web site or computer environment is prohibited.
DIGITAL MILLENNIUM COPYRIGHT ACT
Clean Car Maps respects the intellectual property rights of third
parties and has registered an agent to receive all alleged claims
of intellectual property infringement related to this Site with
the Copyright Office pursuant to the Digital Millennium Copyright
Act.
You may notify Clean Car Maps of alleged intellectual property
right infringement by contacting Clean Car Maps Designated Agent
at:
CALSTART Inc.
2181 E. Foothill Boulevard
Pasadena, CA 91107
TRADEMARKS
"Clean Car Maps" is a trademark of Clean Car Maps. All
other trademarks, service marks and logos used on this Site, with
or without attribution, are the trademarks, service marks or logos
of their respective owners. In addition, elements of the Site
are protected by trade dress and other federal and state intellectual
property laws and may not be copied, reproduced, downloaded or
distributed in any way in whole or in part without the express
written permission of Clean Car Maps.
USER CONDUCT
You may not post, upload or transmit to the Site or to Clean Car
Maps’s servers any communications, text, graphics or other
information (collectively, "Unauthorized Content") that:
• is obscene, fraudulent, indecent, or harmful to minors;
• defames, abuses, harasses or threatens others;
• contains any viruses, Trojan horses, worms, time bombs,
cancelbots, or other disabling devices or other harmful component
intended to or that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
• advocates or encourages any illegal activity;
• infringes on the copyright, patent, trademark, trade secret,
right of publicity or other intellectual property or proprietary
right of any third party;
• violates the privacy of individuals, including other users
of the Site; or
• violates any applicable local, state, national, or international
law.
Furthermore, in order to access and use the Site and Services,
you agree that you will not (1) reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of
the Site or Services, use of the Services, or access to the Services;
or (2) use Clean Car Maps’s name, URL, trademark, server,
or other materials in connection with, or to transmit, any unsolicited
communications or "spam." For the purposes of this agreement,
"spam" has the meaning generally understood among Internet
users.
NO WARRANTIES
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR ANY SITE-RELATED
SERVICES ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
(BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY
SITE-RELATED SERVICES.
IN ADDITION, CLEAN CAR MAPS DOES NOT WARRANT THAT THE FUNCTIONS
ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER
THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CLEAN CAR MAPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT CLEAN CAR MAPS) ASSUME THE ENTIRE RISK
OF ANY RELIANCE ON THESE MATERIALS. IN PARTICULAR (BUT WITHOUT
LIMITATION), CLEAN CAR MAPS DOES NOT MAKE ANY REPRESENTATION OR
WARRANTY THAT THE LOCATION, AVAILABILITY, ACCURATE OR ERROR-FREE
SERVICES LISTED ON THE SITE WILL BE AND CLEAN CAR MAPS DOES NOT
SPONSOR OR ENDORSE ANY OF THE ALTERNATIVE FUEL VEHICLE REFUELING
SITES APPEARING ON THE SITE OR GUARANTEE THE ACCURACY OF AND DIRECTIONS
PROVIDED THROUGH THE SITE. IN ADDITION, ALL DIRECTIONS PROVIDED
THROUGH THE SITE ARE MERELY TO BE USED FOR PLANNING PURPOSES AND
YOU ARE RESPONSIBLE FOR ENSURING THAT THE DIRECTIONS ARE CORRECT
AND THAT THE LISTED FUELING SITES ARE OPEN AND AVAILABLE FOR SERVICE.
Although Clean Car Maps attempts to ensure the integrity of the
Site, Clean Car Maps makes no guarantees whatsoever as to the
correctness or accuracy of the Site and it is possible that the
Site, including but not limited to any information concerning
products, Services or promotions available on the Site or accessible
through banners, buttons or any other links from the Site, could
include typographical errors or inaccuracies. In the event that
an inaccuracy arises, however, please inform Clean Car Maps so
that we can attempt to correct the information available on the
Site.
You understand that by using the Site and the Service, you may
be exposed to content that you may consider is offensive, indecent
or objectionable. Under no circumstances will Clean Car Maps be
liable in any way for any content, including, but not limited
to, for any errors or omissions in any content, or for any loss
or damage of any kind incurred as a result of the use of any content
posted, emailed or otherwise transmitted via the Site. IF YOU
FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CALSTART CLEAN CAR MAPS AND CALSTARTS
OTHER SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SPONSORS,
AND OTHER PARTNERS BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE
PRODUCTS OR SERVICES AVAILABLE ON THE SITE, SITE-RELATED PROMOTIONS,
OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE
PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED
PROMOTIONS OR SERVICES IS TO STOP USING THE SITE AND/OR THOSE
PROMOTIONS AND SERVICES.
INDEMNITY
You agree to indemnify and hold CALSTART, Clean Car Maps and its
subsidiaries, affiliates, officers, agents, partners, and employees
harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of content
you submit, post to or transmit to the Site or through the Services,
your use of the Site or the Services, your connection to the Site
or the Services, your violation of these Terms of Use, or your
violation of any rights of another party.
MODIFICATION OR TERMINATION OF THE SITE OR SERVICES
Clean Car Maps reserves the right to withdraw, suspend or discontinue
at any time and from time to time any information, Services, products
or promotions available on the Site and any functionality or features
in or on the Site, including the cessation of all activities associated
with the Site, with or without notice. You agree that Clean Car
Maps shall not be liable to you or to any third party for any
such modification, suspension or discontinuance, and that Clean
Car Maps, in its sole discretion, may terminate your use of the
Site or the Services, and remove and discard any content from
the Site, for any reason, including, without limitation, if Clean
Car Maps believes that you have (a) breached the Terms and Conditions;
(b) infringed the intellectual property rights of a third party;
(c) provided any information that Clean Car Maps is unable to
verify or authenticate; (d) uploaded and transmitted Unauthorized
Content to the Site; or (e) violated or acted inconsistently with
the letter or spirit of these Terms of Use. You agree that any
termination of your access to the Site or the Services under any
provision of these Terms of Use may be effected without prior
notice to you.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You
agree that Clean Car Maps shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers
on the Site.
LINKS TO THIRD-PARTY SITES
The Site may provide, or third parties may provide, links to other
World Wide Web sites or resources for your convenience. Because
Clean Car Maps has no control over such sites and resources, you
acknowledge and agree that you will accept these third party sites
at your own risk and that Clean Car Maps is not responsible for
the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Clean Car Maps shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such third party
site.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by Clean Car Maps from its
offices within the State of California, U.S.A. Clean Car Maps
makes no representation that materials in the Site are appropriate
or available for use in other locations. Those who choose to access
this Site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the
extent local laws are applicable. Use of or access to the Site
should not be construed as the purposeful availment of the benefits
or privilege of doing business in any state other than the State
of California by Clean Car Maps.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of California, as it is
applied to agreements entered into and to be performed entirely
within California and without giving effect to any principles
of conflicts of laws. You agree that any action you, any third
party, or Clean Car Maps bring to enforce this agreement, or in
connection with any matters related to this Site, shall be subject
only to the jurisdiction of either the state or Federal courts
located in Los Angeles County, California.
SEVERABILITY
If any provision of this agreement is found to be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed severable from this agreement, and shall not affect the
validity and enforceability of any remaining provisions.
NO WAIVER
Any delay or failure on the part of Clean Car Maps to enforce
any rights under this agreement to which it may be entitled shall
not, in any event, be construed as a waiver of the right and privilege
to do so at any subsequent time.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between
you and Clean Car Maps relating to the matters set forth herein,
and shall not be modified except in writing, as posted on this
Site by Clean Car Maps.
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