Terms and Conditions

Terms and Conditions

By entering or using any portion of the Site, you indicate that you have read and that you accept and agree to be bound by all of the following terms of use, conditions, and notices (the “Terms of Use”) and the Privacy Policy.

Welcome to www.EnvivaForestFund.Org (the “Site”), which is owned and operated by Enviva, LP, (“Enviva”) and the U.S. Endowment for Forestry and Communities, Inc. (The Endowment).  Any reference to “Enviva,” “The U.S. Endowment for Forestry and Communities,” “The Endowment,” “The Enviva Forest Conservation Fund,” “The Fund,” “we,” “us” or “our” in these Terms of Use shall mean Enviva, LP The U.S. Endowment for Forestry and Communities, Inc. and their affiliates.  The Site includes all web pages accessible by the public.  Any reference to “you” in these Terms of Use shall mean any user of the Site, including without limitation employees of Enviva and The Endowment.

The Enviva Forest Conservation Fund reserves the right to change these Terms of Use, at its sole discretion, at any time or from time to time.  If any change is not acceptable, you must discontinue your use of the Site immediately.  Using the Site after the date that these Terms of Use are changed constitutes your irrevocable acceptance of such changes.

 

SITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP. You acknowledge that the messages, information, data, text, software, images, logos, button shapes, layout, design compilation and presentation of information, graphics or other materials posted on the Site as well as the “look and feel” of the Site (collectively, the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are proprietary to The Fund, its vendors and service providers, and other third party licensors or suppliers, and that such proprietary material is protected by law, including U.S. copyright laws, trademark laws and international treaty provisions.  The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site.  You are granted a non-exclusive, non-assignable and non-transferable license to access and view the Content on the Site only under these Terms of Use.

LAWFUL USE. The Site may be used only for lawful purposes.  As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls).  It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein.

In connection with your use of the Site, you agree that you will not, nor will you allow others to,

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights;
  2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, access data not intended for your use or viewing, or log into an account or server which you are not authorized to access;
  3. Post, republish, distribute, or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, or in violation of the rights of any third party;
  4. Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose;
  5. Attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
  6. Post any Content that constitutes or contains false or misleading indications of origin or statements of fact, causes injury of any kind to any person or entity, or infringes or violates the intellectual property rights, or any other rights of any third party;
  7. Collect or attempt to collect any information of others, including passwords, account, or other information; or
  8. Directly or indirectly use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site by any user, host or network, or
  9. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up a part of, the Site.

Violations of the foregoing may result in civil or criminal liability.  The Fund will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

LINKED SITES

The Fund may provide hyperlinks or references to Internet sites maintained by third parties.  The Fund does not operate or control in any respect any information, products or services on these third-party sites and provides no warranty whatsoever with respect to such sites.  A hyperlink from this Site to another web site does not imply or mean that we endorse, recommend, or approve the content on such web site or the operator or operations of that web site.  We are not responsible for the privacy practices or the operation, content, security or policies, including privacy policies, of any other web site that is linked or linking to the Site, and we shall have no liability to you or any other person or entity for the use of, or inability to use, any third party web sites.

 

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE FUND PROVIDES THE SITE, INCLUDING THE DATA GENERATED BY THE SITE, ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS.  NOTHING IN THESE TERMS OF USE WILL IMPLY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME.  YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE.

 

IN NO EVENT SHALL THE FUND HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FUND WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK

INDEMNITY. You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of this Site. If you are dissatisfied with the Site and/or any Content on this Website, or with these Terms of Use, your sole and exclusive remedy is to stop using the Site and Content.  You agree to defend, indemnify and hold harmless The Fund, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: your breach of these Terms of Use; any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; your infringement of any intellectual property right of The Fund or any other person or entity; any activity (including any negligent or wrongful conduct) by you; any materials provided by you to be posted on the Site; your use of the Site; your violation of the rights of any third party; your posting or uploading of any content; or your actual or alleged breach of any federal, state, local or foreign law, or regulations.

TERMINATION. These Terms of Use are effective until terminated by The Fund, at any time without notice.  In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

 

GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Maryland without giving effect to any principles or conflicts of law.  Your consent to these Terms of Use includes your consent to exclusive jurisdiction and venue in the state and federal courts located in the United States District Court for the District of Maryland (Greenbelt Division). You waive all defenses or lack of jurisdiction, venue or forum non coneniens.

NOTIFICATION OF COPYRIGHT INFRINGEMENT. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us at The Fund, LP, 7200 Wisconsin Avenue, Suite 1000, Bethesda, MD 20814.  Any personal information you provide in your notice to us will be used only for purposes related to your notice.

 

MISCELLANEOUS

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  Any failure by The Fund to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of The Fund’s rights or remedies, which shall remain available to The Fund.  The rights granted under these Terms of Use may not be assigned to any third-party without the prior written consent of The Fund, in its sole discretion.  Any rights not expressly granted herein are reserved.  These Terms of Use shall be binding upon you, your successors and approved assignees.

 

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