Terms of Use

A. Content You Submit

You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Online Services, or by means other than the Online Services, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) ("Submissions"), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms.As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof.As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you.To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions.Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.

B. Service Use Restrictions.

You agree that you will not: (i) use the Online Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Cypress Creek Renewables; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Online Services by any means whatsoever or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Online Services; (v) engage in any activity that interferes with a user's access to the Online Services or the proper operation of the Online Services, or otherwise causes harm to the Online Services, Cypress Creek Renewables, or other users of the Online Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Online Services or any feature that restricts or enforces limitations on use of or access to the Online Services or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Online Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Online Services, other computer systems or networks connected to the Online Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

C. Content Use Restrictions.

You also agree that, in using the Online Services, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Online Services by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other intellectual property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) will not make any modifications to such content; (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Cypress Creek Renewables or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Online Services.

D. Availability of Service and Content.

Cypress Creek Renewables, in our sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Online Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.

A. First - Try to Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to or in connection with Cypress Creek Renewables' Privacy Policy or the Online Services including without limitation, the content, these Terms, or any Additional Terms, and offers made on and transactions and communications conducted through the Online Services, including our service providers activities in connection with the Online Services (collectively, "Dispute"), or to any of Cypress Creek Renewables' actual or alleged intellectual property rights (an "Excluded Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.Our notice to you will be sent to you based on the most recent contact information that you provide us.But if no such information exists or if such information is not current, then we have no obligation under this Section.Your notice to us must be sent to:Cypress Creek Renewables, Cypress Creek Renewables, 3250 Ocean Park Boulevard, Suite 355, Santa Monica, CA 90405, Attention: Legal Department.Subject to this Section,for a period of sixty (60) days from the date of receipt of notice from the other party, Cypress Creek Renewables and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Cypress Creek Renewables to resolve the Dispute or Excluded Dispute on terms with respect to which you and Cypress Creek Renewables, in each of our sole discretion, are not comfortable.

B. Binding Arbitration.

If we cannot resolve a Dispute as set forth in this Section(or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, subject to this Section and as permitted by applicable law, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND CYPRESS CREEK RENEWABLES (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE - COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.THIS INCLUDES ANY AND ALL DISPUTES BASED ON CYPRESS CREEK RENEWABLES' PRIVACY POLICY AND ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE ONLINE SERVICES.In addition, our service providers may elect to have this Section 8 apply to them with respect to Disputes with you if you name them as a direct party.The Federal Arbitration Act, not state law, shall govern the arbitrability of all Disputes between Cypress Creek Renewables and you regarding these Terms (and any Additional Terms) and the Online Services or Cypress Creek Renewables' Privacy Policy. Cypress Creek Renewables and you agree, however, that Delaware or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Cypress Creek Renewables, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Delaware's choice of law principles that might apply other laws.

Disputes will be resolved solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association ("AAA").If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Cypress Creek Renewables consent to in writing.If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules. However, if applicable arbitration rules or laws require Cypress Creek Renewables to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Cypress Creek Renewables will have the right to elect to pay the fees and costs and proceed to arbitration.The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim.All issues are for the arbitrator to decide.This arbitration provision shall survive termination of these Terms or the Online Services.

C. No Class Action Matters and Jury Waiver.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.YOU AND CYPRESS CREEK RENEWABLES 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.There shall be no right or authority for any Dispute, or Excluded Dispute, to be determined on a class action basis or on any basis involving Disputes, or Excluded Disputes, brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Section to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to this Section. As permitted by applicable law, the parties each waive any right to trial by jury.