Bioroot Energy

Last Updated: November 9, 2009

Important Information

Your use of our site as a registered, logged-in user requires that you have read and accepted these Terms and Conditions.

1. Welcome to Bioroot Energy (the "Site" or “Bioroot Energy”). In this User Agreement, the terms “we,” “us,” or “our” refer to Bioroot Energy, and the terms “you” and “your” refer to you as a user of the Site. When using the Site, you may be subject to other posted guidelines or rules applicable to certain features available via the Site. All such guidelines and rules are part of this User Agreement. Accessing the Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by the terms of this User Agreement.  We reserve the right to change the terms of this User Agreement at any time. If we do modify this User Agreement, we will post the updated User Agreement on the Site and change the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the User Agreement as modified. We reserve the right to deny access to the Site to anyone who violates this User Agreement or who, in our judgment, interferes with the ability of others to enjoy the Site, or violates or infringes the rights of others. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.

2. The goal of the Site is to become the web destination for business, opinion and political leaders, as well as students, educators and engaged citizens, looking for crucial, real-time information on the state of the plasma gasification industry and specific waste to energy projects. To benefit from the knowledge and expertise of the waste to energy community, this Site will be structured as a moderated wiki. What this means is that registered, approved users may create profiles, and may make edits to existing profiles, but our editorial staff, acting as the Site moderator, reserves the right to review user profile submissions, and to edit or reject such submissions in whole or in part, before they are displayed on the Site. Despite our efforts to moderate the wiki, inaccurate content submitted by users may make its way onto the Site. We take no responsibility for content submitted by our users. If you use any information from the Site, you do so at your own risk, and you should post material only when you are confident that it is accurate.

If you find any material on this Site that you believe to be inaccurate, or that you believe violates the terms of this User Agreement or is otherwise objectionable, please bring it to our attention by emailing us or leaving a comment.

3. Bioroot Energy includes interactive features, such as the wiki functionality described above, discussion pages and other community publishing areas, that allow registered users to post content and materials for display on the Site. By accessing and using such features, you represent that you have read and agree to abide by our Discussion and Submission Policy (not yet posted).

4. This Site (including, but not limited to, text, photographs, graphics, video and audio content) is protected as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Site are also copyrighted works. You must abide by all additional copyright notices or restrictions in this Site. By posting content on the Site, you grant us a license to use such content, as detailed in our Discussion and Submission Policy (not yet posted).

5. (a) Except for content you have posted on the Site, or unless expressly authorized by us, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works based on, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal, non-commercial use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional profiles, discussions or commentary of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

Our trademarks, service marks, product and service names that appear on the Site are our property, and you agree not to display or use any such marks or names in any manner without our prior permission.

(b) This Site has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Site. Therefore, without limiting the terms of Section 5(a) of this User Agreement, neither you nor any third party may make use of the contents of the Site in any manner that constitutes an infringement of our rights or that has not been authorized by us. You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us. You may not, without our prior permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property elonging to us or any of our licensors.

(c) Just as we require users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. 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 our designated copyright agent either by mail to Jay Toups, 7245 Lapwai Lane, Darby, Montana 59829 or email to jay@biorootenergy.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. Any personal information you provide in your email will be used only for purposes related to your email.

6. While some areas of the Site are available to the public, many of the features that are available on the Site, including our discussion groups and community publishing areas, are made available only to registered users of the Site. To register for the Site, you will be asked to create a username, to provide a valid email address at which you can be reached, and to create a password for accessing your account. The registration form also may include other required fields, and some optional fields, requesting additional information.

You agree that you will not attempt to register for the Site if you under the age of 13. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities (whether by you or by others) that occur under your account. You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, and you alone are liable for any loss or damage arising from your failure to protect your username, password or account information, including liability for harm caused by statements or materials posted under your account. You agree to notify us immediately of any unauthorized use of your username, password or account or any other breach of the security of our Site of which you become aware, and you agree to exit from your account at the end of each browsing session. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

7. You agree to indemnify and hold harmless us, our subsidiaries and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of this User Agreement by you or any other person using your account, (ii) the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; and/or (iii) a claim or demand made by any third party due to or arising out of your use of the Site, your violation of this User Agreement or your violation or infringement of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. THIS SITE AND THE CONTENT AND MATERIALS AVAILABLE VIA THE SITE ARE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE.

WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ANY CONTENT, INFORMATION OR GOODS THAT ARE AVAILABLE ON OR ADVERTISED OR SOLD THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SITE OR AVAILABLE THOUGH LINKS IN THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THIS SITE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE.

9. UNDER NO CIRCUMSTANCES WILL WE OR OUR SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, DATA, OR OTHER INTANGIBLE LOSSES, IN ANY WAY RELATED TO THIS SITE, YOUR USE OF OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, MATERIALS OR SERVICES AVAILABLE VIA THE SITE; OR (II) FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THIS SITE (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT). ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THIS SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES OR LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

10. The material contained in this Site is presented for general informational purposes only, and should not be construed as professional advice. No action should be taken based upon any information contained in this Site. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content submitted by users via the Site or endorse any opinions expressed via the Site. As set forth in Section 8, above, this Site is provided to you on an “AS IS” basis, and we expect that you will use caution and common sense and exercise proper judgment when using the Site and evaluating the information and materials available via the Site.

11. You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the User Agreement that was in effect as of the date of your suspension or termination.

12. Any and all contact information that is displayed on the Site, including the information contained in the public profile(s) of any registered user(s) of the Site, is provided for informational purposes only and is not to be used for marketing, telemarketing or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.

13. Bioroot Energy may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. We have no control over such websites. You acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available through such sites. You further acknowledge and agree that we will 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, advertising, products, materials, goods or services available on or through any such site(s). In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.

14. This User Agreement shall be governed by the laws of the United States and the State of Montana, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Montana in all disputes or proceedings arising out of or relating to this User Agreement or your use of the Site. Our failure to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. Our subsidiaries and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, may be third-party beneficiaries to this User Agreement; there are no other third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this User Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

15. We welcome your questions or comments about our Site, and also welcome any suggestions you may have for improvement of our Site.