Terms of Use

Last Updated September 26, 2023. These Terms of Use replace and supersede all prior versions.

THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND FINITE CARBON CORPORATION. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE WEBSITE (DEFINED BELOW), SERVICES (DEFINED BELOW), OR CONTENT (DEFINED BELOW). BY ACCESSING AND/OR USING THE WEBSITE, SERVICES, OR CONTENT YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.

The Finite Carbon website, located at finitecarbon.com, (the “Website”) is owned and operated by Finite Carbon Corporation (“Finite Carbon,” “we,” “us,” and “our”). Access to and use of our Website and all web-based applications, information, tools, features, programs, services, and customer support (collectively, the “Services”), is provided by Finite Carbon on the condition that you accept these Terms of Use (“Terms”).

1. Use of the Website and Services

1.1 Intellectual Property. Unless otherwise indicated, all content included in or made available through the Website and the Services, such as text, graphics, images, maps, multimedia clips, downloads, and software (collectively, the “Content”) is the property of Finite Carbon or our content suppliers and is protected by U.S., Canadian, and international copyright laws. Finite Carbon owns the Website and Services. All trademarks and service marks of Finite Carbon that may be referred to through the Website, Services, or Content are the property of Finite Carbon or our affiliates. Other parties’ trademarks and service marks that may be referred to through our Website, Services, or Content are the property of their respective owners.

1.2 Use of Content. You may view, copy, or print a single copy of any page from our Website, Services, or Content for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images, or other Content from the Website or Services without our express prior written consent. Any special rules for any software, downloads, and other items accessible through the Website, Services, or Content may be included elsewhere in the Website, Services, or Content and are incorporated into these Terms by reference.

1.3 Prohibited activities. The Website, Services, and Content are provided for your information and personal use only. In your use of the Website, Services, and Content, you agree not to (Finite Carbon reserves the right to terminate your access to and use of the Website, Services, and Content for violating any of the following prohibited activities):

1.3.1 Remove or obscure any copyright, trademark, digital watermarks, proprietary legends, or other proprietary notices from any portion of the Website, Services, and Content.

1.3.2 Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Services, and Content, or any aspect of them, except as expressly permitted by us.

1.3.3 Use the Website, Services, or Content for any commercial solicitation purposes, except as expressly permitted by certain features of the Website, Services, or Content.

1.3.4 Decompile, reverse engineer, jeopardize the correct functioning of the Website, Services, and Content, disassemble the Website, Services, and Content, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Website, Services, and Content, except as may be permitted by applicable law.

1.3.5 Cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, Services, and Content, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website, Services, and Content.

1.3.6 Attempt to gain unauthorized access to or impair any aspect of the Website, Services, and Content or the related systems, servers, or networks.

1.3.7 Frame or link to any information or content on the Website, Services, or Content.

1.3.8 Use the Website, Services, and Content to stalk, harass, or harm another individual, or in any way that is in violation of any law or regulation.

1.3.9 Impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.

1.3.10 Use any portion of the Website, Services, and Content in any manner that may give a false or misleading impression, attribution, or statement as to us or any other person or entity.

1.3.11 Upload or transmit (or attempt to upload or to transmit) viruses, malware, spyware, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Website, Services, and Content or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website, Services, and Content.

2. Electronic communications. When using the Website, Services, or Content, sending emails, text messages, or other communications from your desktop or mobile device, you are communicating electronically. By using the Website, Services, or Content, you consent to receive electronic communications from Finite Carbon, and you agree that all communications Finite Carbon provides to you electronically satisfy any legal requirement that such communications be in writing.

3. Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of our Website and Services, please see our Privacy Policy.

4. Third-Party Websites. We may provide hyperlinks to other websites maintained by third parties (“Third Party Content”) by framing or other methods. We do not monitor Third Party Content and make no guarantees as to the accuracy or completeness of such Third-Party Content. The links to Third Party Content are provided for your convenience and information only. The content on any linked website is not under Finite Carbon’s control and we are not responsible for the content of linked websites, including any further links contained in a third-party website. We make no representation or warranty in connection with any Third-Party Content, which at all times and in each instance is provided “AS-IS.” If you decide to access any of the third-party websites linked to the Website, Services, or Content and/or any Third-Party Content, you do so entirely at your own risk. If a third party links or refers to the Website, Services, or Content, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. We may not even be aware that a third party has linked to or refers to the Website, Services, or Content.

5. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES AND/OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICES AND/OR THE CONTENT, EVEN IF FINITE CARBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL, SALES, OR PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, SERVICES AND/OR THE CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE WEBSITE, SERVICES AND/OR THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE WEBSITE, SERVICES AND/OR THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

6. Indemnification. You will indemnify Finite Carbon and our subsidiaries, affiliates, directors, officers, agents, employees, partners, successors, assigns, and licensors from and against any and all claim(s), demand(s), suit(s), proceeding(s), liability(ies), judgment(s), loss(es), damage(s), expense(s), or cost(s) (including, but not limited to, reasonable attorneys’ fees), arising out of, or related to (i) your use of the Website, Services, or Content; (ii) your violation of these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party in your use of the Website, Services, or Content; (v) any dispute or issue between you and any third party relating to your use of the Website, Services, or Content; and (vi) your willful misconduct (“Claim”). Finite Carbon has the right to assume the exclusive defense and control of any Claim subject to indemnification by you with counsel of our own choosing. You agree to fully cooperate, at your expense, with our defense of any Claim. Finite Carbon will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

7. Disclaimer of Warranties. THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED TO YOU “AS-IS” AS A CONVENIENCE AND FOR YOUR INFORMATION ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINITE CARBON, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COVERED PARTIES MAKE NO REPRESENTATIONS OR COMMITMENTS ABOUT THE WEBSITE, SERVICES, OR CONTENT. THE COVERED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT (I) THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS (II) THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (III) THE QUALITY OF THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES, OR CONTENT WILL BE CORRECTED.

8. Reliance on Information Posted. The information presented on or through the Website, Services, or Content is made available solely for general information purposes. Although we make good faith efforts to ensure the accuracy and reliability of the information presented on the Website, Services, and Content, 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 Website, Services, or Content, or by anyone who may be informed of any of their contents.

9. Termination by Us. We may at any time immediately terminate or suspend your right to use and access the Website, Services, or Content if in Finite Carbon’s sole discretion: (i) you breach any provision of the Terms or act in any manner that clearly shows you do not intend to, or are unable to, comply with the Terms; (ii) continuing to provide the Website, Services, or Content to you would violate any applicable law; or (iii) we elect to discontinue the Website, Services, or Content, in whole or in part, if it becomes impractical for us to continue offering the Website, Services, or Content in your region due to change of law, or other reason.

10. Survival. Upon the expiration or termination of the Terms, some or all of the Website, Services, or Content may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and the dispute resolution provisions stated in the Terms will survive.

11. Governing Law. These Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.

12. Dispute Resolution; Arbitration; Injunctive Relief

12.1 Dispute Resolution. Any dispute, claim, controversy, action, or proceeding arising out of or relating to the Website, Services, or Content (a “Dispute”) will be determined by arbitration in Delaware County, Pennsylvania before a single arbitrator. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS, WEBSITE, SERVICES, OR CONTENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12.2 Arbitration. The American Arbitration Association (“AAA”) will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Finite Carbon will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Finite Carbon, nor the arbitrator may disclose the existence, contents, or results of any arbitration under these Terms without the prior written consent of you and Finite Carbon. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based. This Section will not preclude you or Finite Carbon from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. Notwithstanding the Governing Law section above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

12.3 Injunctive Relief. Notwithstanding anything herein to the contrary, Finite Carbon reserves the right to seek injunctive relief if you use the Website, Services, or Content in violation of these Terms or infringe upon or misappropriate any intellectual property rights of Finite Carbon, its affiliates, or its service providers.

13. Updates to Website, Services, and Content; Availability

13.1 Updates to Website, Services, and Content. Finite Carbon reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Website, Services, Content, or these Terms at any time or for any reason without notice to you. You are encouraged to review these Terms frequently. The date of the most recent revision to these Terms appears after the phrase “Last Updated” at the beginning of these Terms. Your continued access to or use of the Website, Services, or Content after any such changes are made constitutes your consent to be bound by the Terms, as amended.

13.2 Availability. Our Website may be accessible outside of the United States and Canada, but this does not mean all Services and Content are available in your country. Access to certain Services or Content in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services and Content is legal or available where you use them. Services and Content are not available in all languages.

14. No Modifications, Reverse Engineering, Artificial Intelligence/Machine Learning (AI/ML). Except as expressly permitted in the Terms, you may not (and will not allow third parties to) (A) modify, port, adapt, or translate any portion of the Website, Services, and Content; (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Website, Service, or Content, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Website, Service, or Content; or (C) use, or allow third parties to use, the Website, Services, or Content (or any content, data, output, or other information received or derived from the Website, Services, or Content) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems contained within the Website, Services, or Content, including any architectures, models, or weights.

15. Comments, feedback. By submitting comments, information, or feedback (“Feedback”) to us via phone, email, and/or the Website, Services, or Content, you agree that the information submitted will be subject to our Privacy Policy. If you provide Feedback to Finite Carbon, all such Feedback will be the sole and exclusive property of Finite Carbon. We may, without restriction or fee, use, modify, and incorporate your Feedback without any restriction and in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our Website, Services, Content, or other products and/or services of Finite Carbon without notice and without compensation to you. You hereby irrevocably transfer and assign to Finite Carbon all of your current and future right, title, and interest in and to all Feedback, including all intellectual property rights therein. You will not earn or acquire any rights or licenses to our Website, Services, Content, or any intellectual property of Finite Carbon on account of these Terms, even if Finite Carbon incorporates any Feedback into the Website, Services, or Content.

16. Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our prior written consent, and any such attempt will be void. We may assign or transfer our rights under the Terms to a third party without your consent.

17. Headings. Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.

18. Severability. If any provision of the Terms is held to be invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

19. No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision. You agree that these Terms will not be construed against Finite Carbon by virtue of having drafted them.

20. Entire Agreement. These Terms and any other policies or operating rules posted by Finite Carbon on the Website, Services, or Content constitute the entire agreement and understanding between you and Finite Carbon.

21. California Users and Residents. If any complaint with Finite Carbon is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. Not Intended for Children. The Website, Services, and Content are not intended or designed to attract children under the age of eighteen (18). You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

23. Export restrictions. Any software and all underlying information and technology downloaded or viewed from the Website, Services, or Content (“Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Website, Services, and Content, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

24. Electronic Agreement; Notices. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. If you provide us with an email address, we may also (but are not obligated to) provide any notice to you under these Terms by sending a message to that email address. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

25. Contact Us. To resolve a complaint regarding the Website, Services, or Content, or to receive further information regarding use of the Website, Services, or Content, please contact us at:

Finite Carbon
435 Devon Park Drive
Building 700
Wayne, PA 19087
484-586-3080
fclegal@finitecarbon.com

Copyright © 2023 Finite Carbon Corporation. All Rights Reserved.