FCX Terms of Use
FCX (Fuel Cycle Exchange) Terms of Use
Terms of Use: Third Party Applications
If Fuel Cycle, Inc. (“Fuel Cycle“) is not listed as the provider of any application accessible through this exchange (the “Exchange”), then the application is not provided or warranted in any way by Fuel Cycle, and/or any of Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, and/or professional advisors. You and/or other users, either at your company or otherwise, may be able to use an application accessible through this Exchange to access your (or others’) data (“Data“) collected by or otherwise stored in Fuel Cycle’s products, software, systems, website (currently located at the following URL: http://https://fuelcycle.com//), services, and/or applications (individually and collectively, the “System”) as a result of your (or others’) exploitation thereof. The term System shall include, without limitation, all of Fuel Cycle’s information, materials, data, documentation, reports, texts, images, software code, technology, hardware, algorithms, know-how, results, ideas, plans, sketches, files, photos, audio, video, inventions (whether or not patentable), notes, works of authorship, articles, feedback, and other content of any kind or nature stored in, collected by, and/or made available or accessible, directly or indirectly, through the System. You acknowledge and agree that your, and/or others’, use of any application accessible through this Exchange may result in transmission of Data out of the System. To the extent that Data is transmitted out of the System, neither Fuel Cycle, nor any of Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, or professional advisors, shall maintain any responsibility for the privacy, security, and/or integrity of such Data, in whole or in part.
The manner in which any application accessible through this Exchange collects, uses, stores, transmits, and/or otherwise discloses Data is governed solely by the policies and practices of the third party or parties owning, licensing, and/or operating such application (each, a “Third Party“). As such, neither Fuel Cycle, nor any of Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, or professional advisors, shall have any liability or responsibility of any kind or nature with respect to the privacy practices or other actions or inactions of any Third Party (including without limitation, any such Third Party’s licensors, affiliates, owners, subsidiaries, parents, employees, agents, directors, officers, contractors, and/or assigns). Additionally, neither Fuel Cycle, nor any of Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, or professional advisors, shall be responsible for the accuracy, availability, or reliability of any information, materials, content, goods, services, data, opinions, advice, or statements made available in connection with any use of any application accessible through this Exchange (or any other non-Fuel Cycle application). Furthermore, neither Fuel Cycle, nor any of Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, or professional advisors, shall be liable for any damage, claim, loss, cost, injury (including death), liability, or expense of any kind or nature (collectively, “Losses”) caused or alleged to be caused, directly or indirectly, by or in connection with any use of or reliance on any application accessible through this Exchange (and/or any of the information, materials, content, goods, services, data, opinions, advice, or statements made available through your exploitation thereof) no matter the cause, whether or not used in connection with the System.
You shall, at your sole cost and expense, defend, indemnify, save, and hold harmless Fuel Cycle, along with Fuel Cycle’s affiliates, parents, subsidiaries, directors, officers, employees, agents, assigns, or professional advisors, from and against any and all Losses arising in any way, directly or indirectly, out of: (i) your breach of any representation or covenant set forth herein and/or in any other agreement entered into, accepted, or agreed to by you (either verbally or in writing) with respect to your use of any aspect of the System (including without limitation Fuel Cycle’s Terms of Service, a copy of which can be found at the following URL: https://fuelcycle.com/legal/terms-of-service/) and/or any application accessible through this Exchange; (ii) Your Content (as defined in the Terms of Service); (iii) the infringement of any third-party rights by you (including without limitation intellectual property and/or other proprietary rights); (iv) your acts or omissions in connection with your use and/or management of any aspect of the System (including, but not limited to, violations of your obligations of privacy with respect to any Authorized Participant, as defined in the Terms of Service); and/or (v) your negligence, willful misconduct, or violation of any applicable law, rule, or regulation.
Fuel Cycle enables third-party application features and programs through the Exchange merely as a convenience, and the integration or inclusion of any such features and programs does not imply an endorsement or recommendation of any kind or nature. You may not introduce to or use any application accessible through this Exchange (or any other third-party application) with the System in any way without our prior written consent in each instance, and any use by you shall, at all times, be made at your sole risk and expense, and in compliance with the rules and regulations governing such use as promulgated by the applicable third-party and governing law.
To the extent that this disclaimer conflicts in any way with any term or provision of any written or oral agreement to which you are a party that pertains in any way to your use of the System and/or any application accessible through this Exchange, this disclaimer shall govern in all respects.