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Terms of Use

Terms of Use for Pacific Ethanol Web Site

The Pacific Ethanol World Wide Web site (the “Site”) is a copyrighted work belonging to Pacific Ethanol, Inc. (”Pacific Ethanol”). Pacific Ethanol grants you the right to use the Site subject to the terms and conditions of use (”Terms of Use”) set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

1. LICENSE. Pacific Ethanol owns and operates the Site. The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world. Pacific Ethanol grants you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as a current or potential customer, current or potential business partner, current or potential investor of Pacific Ethanol, or an applicant for employment. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Pacific Ethanol and its suppliers reserve all rights not granted in these Terms of Use.

2. TRADEMARKS. Pacific Ethanol’s name and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of Pacific Ethanol and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

3. MODIFICATION. Pacific Ethanol reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Pacific Ethanol will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

4. FEEDBACK. Pacific Ethanol will treat any feedback or suggestions you provide to Pacific Ethanol as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Pacific Ethanol to the contrary, you agree that you will not submit to Pacific Ethanol any information or ideas that you consider to be confidential or proprietary.

5. MAILINGS. By submitting your contact information and any other personal information through the Site, you hereby authorize Pacific Ethanol to use and disclose this information, including for the purposes of sending periodic mailings to you about Pacific Ethanol products, services, and news. These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Site Content).

6. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of Pacific Ethanol. Pacific Ethanol is not responsible for the content of any third party web site or any link contained in a third party web site. Pacific Ethanol provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

7. Forward-Looking Statements. The statements on the Site that relate to future events, Pacific Ethanol’s expectations or Pacific Ethanol’s future financial or operating performance are forward-looking statements. Pacific Ethanol has attempted to identify forward-looking statements by using words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” and “predicts,” or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause Pacific Ethanol or Pacific Ethanol’s industry’s actual results and performance to be materially different from those expressed or implied by these statements. These forward-looking statements represent Pacific Ethanol’s judgment as of the date of posting. Pacific Ethanol disclaims, however, any intent or obligation to update these forward-looking statements. In addition, please see Pacific Ethanol’s Annual Report on Form 10-K under the caption “Item 1A - Risk Factors” for further risks facing Pacific Ethanol. You can access Pacific Ethanol’s latest Annual Report on Form 10-K from this page.

8. Press Releases. The information contained within press releases issued by Pacific Ethanol should not be deemed accurate or current except as of the date the release was posted. Pacific Ethanol has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk. See “Forward-Looking Statements” above.

9. WARRANTY DISCLAIMER. PACIFIC ETHANOL IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. PACIFIC ETHANOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. PACIFIC ETHANOL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE. INFORMATION AT THIS SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PACIFIC ETHANOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PACIFIC ETHANOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. PACIFIC ETHANOL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

11. AMENDMENT. Pacific Ethanol may, at any time, revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

12. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Pacific Ethanol’s principal place of business is located for any lawsuit filed there against you by Pacific Ethanol arising from or related to these Terms of Use.

Our Address
  • 400 Capitol Mall
  • Suite 2060
  • Sacramento, CA  95814
  • Phone: (916) 403-2123
  • Fax: (916) 446-3937
  • Phone: (916) 403-2123
  • Fax: (916) 446-3937