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Terms & Conditions

Effective Date: 1 July 2023

Thank you for visiting and using H2MOF (“H2MOF,” “we,” “us” or “our”). These Terms of Service govern the use of H2MOF on any website regardless of how or why such website(s) may be accessed. These Terms of Service incorporate the H2MOF Privacy Policy along with any other terms and conditions or policies that may apply to any of our products, features, promotions, other functionality(s) and/or customer service (collectively, the “Terms”).

Please read the Terms carefully before accessing our website or otherwise using H2MOF. The Terms represent a binding contract between you and us, and by creating an account, accessing our website or otherwise using H2MOF, you are acknowledging that you have read, understand and expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any disputes. If you do not agree to be bound by the Terms, you may not use H2MOF.

H2MOF is a technology leader in solid-state hydrogen storage solutions.

Privacy

The privacy and use of your personal information is governed by our Privacy Policy Please review our Privacy Policy carefully so that you understand our practices.

Web Forms

In order to use certain functions and offerings of H2MOF you may be required to submit a registration form (“Form”), that will allow you to download materials, such as whitepapers, product brochures, or in other ways engage with our content. The information required on the Form may include, without limitation: your name; address; email address; telephone number; title, affiliation, or other personally identifiable information.

Intellectual Property

H2MOF is protected by U.S. and international intellectual property laws and you agree to abide by them. All information and content available on our website or by and through our other website offerings, including, but not limited to, trademarks, logos, service marks, features, functions, icons, images, audio clips, data compilations and software, along with the compilation and organization thereof (“Content”) is the property of H2MOF and without our prior written consent you may not download, copy or store our Content in any form outside of H2MOF. Other than as expressly allowed herein, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of our Content or any portion of our website offerings. You agree that all data and algorithms used in connection with providing H2MOF to you are “trade secrets” as defined under applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in H2MOF. All intellectual property rights in H2MOF are, as between you and us, the sole and exclusive property of H2MOF.

Some of the features on our website may allow you to post, transmit, submit, distribute, reproduce or otherwise share content and materials for publication on H2MOF (“Your Content”). You own all intellectual property rights to Your Content in perpetuity, and you represent and warrant that you have all rights in and to any of Your Content that you share on our website. You agree not to engage in, or assist or encourage others to engage, in posting, transmitting, submitting, distributing, reproducing or otherwise sharing any of Your Content that is in violation of these Terms. You agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer H2MOF or the features you have elected to use. We may, but are not obligated to, examine or evaluate Your Content and to refuse to post or remove the same. You acknowledge that we have no responsibility or liability for any of Your Content and you hereby waive any claims against us for any infringement of intellectual property, privacy and/or rights of attribution. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments or suggestions that you provide to us.

Your License to Use H2MOF

We provide you access to H2MOF pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use H2MOF for personal, non-commercial use only, and subject to the Terms. This license is available to you as long as you are not barred from H2MOF by applicable law and your account is not terminated by us or by you. If the Terms are not enforceable where you are located, you may not use H2MOF. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Social Media

Our website contains links to various H2MOF social media pages. The social media pages are made available through third party entities (“Social Media Sites”) and your use of the Social Media Sites is governed by those Social Media Sites’ applicable agreements, terms, conditions and privacy policies.

All of these social media pages are made available strictly for your convenience. Please be advised that H2MOF is not in any way affiliated with these social media platforms, and the H2MOF products and offerings are not endorsed, administered or sponsored by any of the social media entities. You understand and agree that H2MOF will not be liable to you in any manner for any claim in connection with your use or inability to use any of the Social Media Sites.

Restrictions and Prohibited Uses

H2MOF is used by many people, and we are proud of the trust our users place in us. We expect in turn that our users do not misuse our products and services. Except with our written permission, you may not:

Engaging in prohibited uses is grounds for immediate termination of your H2MOF account and may also subject you to civil or criminal penalties.

Disclaimers

YOU AGREE THAT USE OF H2MOF IS AT YOUR OWN SOLE RISK AND THAT H2MOF IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2MOF AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING H2MOF, THE PRODUCTS, AND ALL RELATED SERVICES AND OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE STRIVE TO MAINTAIN H2MOF ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE H2MOF WEBSITE OR OFFERINGS AT ALL TIMES.

Limitation of Liability

IN NO EVENT SHALL H2MOF OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO PURCHASE THE H2MOF PRODUCTS, IF ANY; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT H2MOF WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have any complaints with respect to material posted on H2MOF, you may contact our designated agent by email to  Copyright@h2mof.com at the following address:

H2MOF
ATTN: DMCA Complaint
7700 Irvine Center Drive
Irvine, California 92618
USA

You must include the following information in your complaint:

 

Indemnity

You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to H2MOF, Your Content, or the violation of the Terms by you.

Agreement to Arbitrate and Waiver of Class Action Claims

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and efficient method to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at H2MOF, ATTN: DISPUTE NOTICE, 7700 Irvine Center Drive, Irvine, California 92618, USA or by email to Dispute@h2mof.com. Before we file a claim against you, we agree to contact you at the email address associated with your account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

  1. GENERAL. YOU AGREE THAT YOU AND H2MOF WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO H2MOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

  1. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
  2. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Irvine, California, or any other location you and we mutually agree to.
  3. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
  4. CLASS ACTION WAIVER. YOU AND H2MOF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  5. NO RIGHT TO JURY TRIAL. YOU AND WE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
  6. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: H2MOF, ATTN: Arbitration Opt-out, 7700 Irvine Center Drive, Irvine, California 92618, USA or by email to Arbitration@h2mof.com. For new users, the notice must be sent within 30 days of registering with H2MOF, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, H2MOF also will not be bound.

California User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California state resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916.445.1254 or 800.952.5210; or by email to dca@dca.ca.gov.

General

(a) Severability and Waiver. If any part of the Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the Terms are governed by California law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Orange County, California, as the legal forum for any dispute between them.

(c) Change Policy. The Terms may be updated from time to time. If we make material changes, we will attempt, but are not obligated, to provide advance notice to you either by email, by posting a notification on H2MOF or by posting an updated set of Terms on H2MOF at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of H2MOF following the effective date means that you agree with, and consent to be bound by, the updated Terms.

(d) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by us on H2MOF, the Terms shall govern, unless otherwise indicated. Sections of the Terms which by their nature should survive any termination of the Terms will so survive.