Disclaimer and Legal Statement

By accessing and browsing this Site, you accept, without limitation or qualification, the terms and conditions of this Disclaimer and Legal Statement and acknowledge that any other agreements between you and Hydrogen Energy Systems, LLC (HES) are superseded and have no force or effect.

The information contained at this site is provided for informational purposes only and does not constitute any form of technical or product advice. Hydrogen Energy Systems, LLC  (“HES”) does not represent that it will update this World Wide Web Site (the “Site”).  All uses of the contents of this Site, other than for personal, non-commercial uses, are prohibited.  Personal non-commercial use of the material contained at this Site is permissible provided you also retain all copyright and other proprietary notices contained in the materials.  You may not distribute, modify, transmit, reuse, or report the contents of this Site without the express written permission of HES.

HES specifically disclaims any and all liability for any harm or loss of any kind arising out of the transmission of sensitive or confidential information to HES via e-mail.  Any communication or material you transmit to this Site by e-mail or otherwise, including, but not limited to, any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary.  Anything you transmit or post may be used by HES or its affiliates for any purpose.  Furthermore, HES is free to use any ideas, concepts, know-how, or techniques contained in any communication you send this Site for any purpose whatsoever.

You should assume that everything you see or read on this Site is copyrighted, subject to trademark protection or subject to pending Patent Applications.  HES neither warrants nor represents that your browsing of materials displayed on this Site will not infringe rights of third parties not owned or affiliated with HES.

While HES uses reasonable efforts to include accurate and up-to-date information on this Site, HES makes no warranties or representations as to its accuracy.  HES assumes no liability or responsibility for any errors or omissions in the content of this Site.

Your browsing of this Site is at your risk.  Neither HES nor any other party involved in

creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  HES also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, including, but not limited to, data, text, video, images or audio from this Site.

The trademarks, logos and service marks (collectively the “Trademarks”) displayed on this Site, are registered and unregistered Trademarks of HES and others.  Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of HES, or other third party owner of such Trademark.  Your misuse of the Trademark, or any content on this Site, except as provided by the terms and

conditions of this Disclaimer and Legal Notice, is strictly prohibited.  You are advised that HES will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

HES is not responsible for the contents of any off-Site pages or any other sites linked to this Site.  Your linking to any other off-site pages or other sites is at your own risk.

HES may at any time, without notice, revise the terms and conditions of this Disclaimer and Legal Notice, and you are bound by any such revision.