IMPORTANT:
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AGREE TO GIVE UP RIGHTS TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:
WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS OF USE, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTION 8.
Doral LLC Terms of Use
Effective Date: 3/15/2023
The following Terms of Use (“Terms”) that govern your use of our website, including any content, functionality, and services on or provided in connection with our website, available at doral-llc.com (the “Website”), are entered into by you (“you” or “user”) and Doral LLC (“Doral,” “Doral Renewables”, “we,” “us” or “our”).
PLEASE READ THE TERMS CAREFULLY IN FULL BEFORE ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE.
- Definitions
- The following definitions apply to these Terms:
- “Content” means text, graphics, images, videos, photographs, software, technology and other materials made available to you through the Website or otherwise in connection with the Services.
- “Services” means all paid or unpaid services made available to you through the Website.
- The following definitions apply to these Terms:
- Accessing the Website
- We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Website subject to the following conditions, with which you hereby represent and warrant compliance:
- You will use the Website only for purposes that are permitted by these Terms and by applicable law in the jurisdiction where you are accessing the Website. You will not use the Website to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance or inconvenience to us or any third-party.
- You will not reverse engineer, decompile, disassemble or access the Website in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Website, or (iii) copy any ideas, features, functions, or graphics of the Website.
- You will not sell, transfer, assign, license, sublicense, or modify any Content or copy, reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for purposes not permitted by these Terms.
- You will not use any robot, spider, scraper, or other automated means to access the Website, or “mirror” the Website, or any Content on any other server.
- You will not access or attempt to access any portion of the Website that is password-protected unless you are an authorized user for such Content.
- You will not use the Website in a manner that could cause damage or adversely affect our reputation.
- You have full power and authority to agree to these Terms.
- You are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States.
- You have not been placed on the U.S. Department of Commerce’s Denied Persons List.
- You are not identified as a “Specially Designated National” by the United States government.
- You will not access the Website if you have previously been prohibited from doing so or if any laws prohibit you from doing so.
- We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Website subject to the following conditions, with which you hereby represent and warrant compliance:
- User Feedback
You agree that we may freely use any suggestions, ideas and other feedback concerning the Website, the Content, Doral or other business-related practices that you submit to us (collectively, “User Feedback”). You acknowledge, represent and agree that any User Feedback is provided voluntarily and are not confidential or proprietary, and your User Feedback establish a relationship between us. You grant us a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of User Feedback, except as otherwise prohibited by applicable laws or these Terms. You waive any right to compensation of any type for your User Feedback. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Feedback by us does not violate any law. You may not upload to, distribute, or otherwise publish through our Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law.
- Intellectual Property and Confidential Information
We, or if applicable our affiliates, shall continue to own and retain all right, title and interest, including all related patents, copyrights, trademarks, trade dress, and other intellectual property rights, in all Content. Except as expressly provided in these Terms, no license to use, copy, distribute, republish, transmit or otherwise exploit any Content is given to you and all such intellectual property rights in and to the Content are expressly reserved to us or one of our affiliates, as applicable. Nothing in these Terms shall be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any Content or any of our intellectual property rights (including any trademarks, tradenames or service-marks) without our prior written permission. The name, the logo and the product names associated with Doral are our trademarks, and no right or license is granted to you to use them.
- Reliance on Information Posted
The information in our Content is made available solely for general information purposes, and does not constitute any type of advice, whether financial, legal, investment, accounting, engineering, tax or otherwise. 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, or by anyone who may be informed of any of the Content. Although we have no duty to you to update the Content, the Content may be updated frequently, including based on interaction with other users, but the Content is not necessarily complete or up-to-date.
- Links to and from Third Party Webapps
- Our Services may contain links to third-party applications, websites, or other content that are not owned or controlled by us. We have no control over and disclaim any responsibility for the contents of such linked third-party applications, websites, or other content, and accept no responsibility for them or for any loss or damage that may arise, for you or for any third-party, from your use of such third-party applications, websites, or other content. We further disclaim any responsibility for any form of transmission received from any linked third-party applications, websites, content or advertising. We provide these links to you as a convenience and inclusion of any link herein shall in no way be construed as an endorsement by us. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If you decide to access third-party applications, websites, or other content through our Website, you do so at your sole risk.
- If you would like to link to our Website, you may only do so subject to the following conditions:
- you do not in any way imply that we are endorsing any services or products without our prior written permission;
- you do not misrepresent your relationship with us or present any false information about us;
- you do not link from a website or webapp that is not owned by you; and
- your website or webapp does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States.
- If you choose to link our Website, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
- We reserve the right, at any time, for any reason, to deny permission to anyone to link a website or webapp from or to our Website.
- Communication and Modification to these Terms
- You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communication”). You further consent and agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act while using our Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.
- We reserve the right to modify these Terms or any other policies relating to the Services at any time, without prior notice to you. Such modifications will be effective immediately upon notice to you, which notice may be given by any means, including, but not limited to, posting of an updated version of the Terms on the Website and electronic mail. Your access and continued use of the Website constitutes your agreement to accept the Terms as modified. The “Effective Date” legend at the top of the Terms indicates the date on which these Terms were last updated.
- Warranties and Disclaimers and Limitation of Liability
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITE, ITS CONTENT, THE SERVICES, AND ANY SERVICES OBTAINED THROUGH OUR WEBSITE ARE AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, THE SERVICES AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF SECURITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, OUR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN RAMP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
- IN NO EVENT WILL DORAL AND DORAL’S RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS (TOGETHER WITH DORAL, “DORAL PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR IMPAIRED USE OF, OUR WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITE, INCLUDING FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY FOR ANY CLAIMS INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DORAL PARTIES, FOR ANY EVENT, ACT OR OMISSION WILL NOT EXCEED THE LESSER OF THE AGGREGATE AMOUNTS ACTUALLY PAID OR PAYABLE BY USER DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR $100.
- Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD DORAL PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, MADE BY ANY PERSON ARISING OUT OF (I) YOUR VIOLATION OF THESE TERMS, STATE OR FEDERAL LAWS OR REGULATIONS, OR ANY OTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT, (II) YOUR USE OR INABILITY TO USE THE WEBSITE, (III) ANY ERRORS, INACCURACIES OR DELAYS IN THE CONTENT, MATERIALS, OR INFORMATION PROVIDED TO YOU VIA THE WEBSITE, OR (IV) CLAIMS RELATED TO UNAUTHORIZED DISCLOSURE OF YOUR OR A THIRD-PARTY’S DATA THAT ARISES FROM YOUR USE OF THE WEBSITE.
- Termination
These Terms will become effective on the date you first use the Website or otherwise accept them by clicking “Accept,” “I agree,” or a similar button on the Website. These Terms will be applicable to you for the duration that you access or use the Website. We may, at our sole discretion, at any time without prior notice to you: (i) change, restrict access to, suspend, or discontinue the Website, any portion of the Website; (ii) add, remove or modify any Services or functionality that is available through the Website; or (iii) terminate your access to all or a portion of the Website.
- Jurisdictional Issues and Applicable Law
- Unless otherwise specified, the materials in or accessible through the Website is directed at residents of the United States, its territories, possessions, and protectorates. The Website is controlled and operated by us from our offices in the United States. We make no representations that the Services, Content, or materials in or accessible through the Website are appropriate or available for use in other locations or that access to them from where you are located is legal or prohibited. If you access the Website from outside the United States, you do so at your own risk and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.
- Our Website is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Website, as may be required. You may not use or export the information or materials in violation of United States export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or other requirement within such jurisdiction or country.
- Governing Law; Mandatory Arbitration.
- Any disputes arising in connection with these Terms shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles.
- You agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any such disputes in good faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any such disputes will be decided by a single arbitrator and will be administered by American Arbitration Association (“AAA”). The AAA’s Arbitration Rules will apply as modified by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at Philadelphia, PA. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
- YOU EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
- General
- Your obligations and rights under these Terms may not be assigned, in whole or in part, without our prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
- These Terms, other terms or legal notices published by us on the Website, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Website and our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY OR ON BEHALF OF YOU ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Website or the Services survive termination of these Terms.
- The following rules of interpretation apply to these Terms and are by this reference incorporated: (a) the word “or” is not exclusive and the words “including” or “include” are not limiting; (b) headings are only for reference and are not to be considered in interpreting these Terms; and (c) a reference to a law includes any amendment or modification to such law and any rules or regulations promulgated thereunder or any law enacted in substitution or replacement therefor.
- We provide the Website to you as an independent contractor and service provider. These Terms or the provision of the Website, including our Services, does not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
- Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
- These Terms contains the entire agreement of the parties regarding the subject matter described herein, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged herein and superseded hereby.
- Questions about how we collect, processes and use your Personal Information is addressed our Privacy Policy, located at Privacy – Doral Renewables LLC (ussl.co.il).
- You may provide notice to us by emailing us at compliance@doral-llc.com. Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.