Terms of Service

In General

This agreement (hereinafter referred to as “Agreement”) governs your use of EmissionsCalc.com services (hereinafter referred to as “Service”). Additional terms and conditions of use may apply to specific portals and areas of the Service and, together with this Agreement, govern your use of the Service.

EmissionsCalc.com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by EmissionsCalc.com as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

Use of Content

You acknowledge that the Service is composed of information, software, photographs, audio and video clips, graphics, links and other material (hereinafter collectively referred to as “Content”) that contains proprietary and confidential information that is protected by copyright, trademark, trade secret and other proprietary rights of EmissionsCalc.com. Users of the Service may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by EmissionsCalc.com.

No Endorsement

EmissionsCalc.com does not represent or endorse the accuracy or reliability of any Content posted on the Service and you acknowledge that any reliance upon such Content shall be at your sole risk. The Service may contain links to sites on the Internet which are owned and operated by third parties (hereinafter referred to as “External Sites”). You acknowledge that EmissionsCalc.com is not responsible for the availability of, or the content located on or through, any External Site.

Indemnity

You agree to indemnify, defend and hold EmissionsCalc.com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses, including attorneys’ fees, incurred by EmissionsCalc.com and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. EmissionsCalc.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with EmissionsCalc.com’s defense of such claim.

Termination of Service

EmissionsCalc.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. EmissionsCalc.com may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

NEITHER EmissionsCalc.com NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES EmissionsCalc.com, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER EmissionsCalc.com NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER EmissionsCalc.com NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NEITHER EmissionsCalc.com, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Orange County, California. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Any provisions which by their terms or sense are intended to survive any termination of this Agreement shall survive any termination of this Agreement.

Questions and Comments

Questions regarding this terms of service can be submitted through our Contact page (click here).

For questions concerning the product or your account, please check out the EmissionsCalc.com Help page.