Terms of Service – Effective Date May 22, 2020
NOTICE: PLEASE READ THESE TERMS OF SERVICE
CAREFULLY. BY ACCESSING THE RECYCLE FOR LIFE, INC.REUSEALWAYS.COM.COM WEBSITE,
YOU REPRESENT AND AGREE THAT
1) YOU ARE AT LEAST 13 YEARS OF AGE,
Welcome to the Recycle for Life, Inc. , Inc. ("Recycle for Life, Inc.") web site -- www.reusealways.com ("Website") -- and its attendant web sites, features, content, forums, applications and other services, also owned or operated by Recycle for Life, Inc. (collectively, "Recycle for Life, Inc. Reusealways.com"). This Terms of Service (hereinafter "Terms" or "Agreement") is a legally binding contract between you, and Recycle for Life, Inc..
The services hereunder are offered by Recycle for Life, Inc. , Inc., with a mailing address of: 14731 Franklin Avenue,Tustin CA 92780. You can also contact us through our Help Center.
If you do not agree to these Terms, THEN you are not authorized to access Recycle for Life, Inc. Reusealways.com and may not use Recycle for Life, Inc. Reusealways.com.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT
Policy. Your privacy is
important to Recycle for Life, Inc.. Recycle for Life, Inc.'s Privacy
Policy is hereby
carefully for details relating to the collection, use, and disclosure of your
Never display or share any of your personal information or the personal information of anyone else that could be used to find you or someone else in the real, off-line, world , such as strangers or people you just met -- for example, mailing or home address or home or mobile telephone numbers of yourself or others.
2. Individual Features and Services. When using Recycle for Life, Inc. Reusealways.com, you agree to comply with any additional posted guidelines or rules including, but not limited to, Recycle for Life, Inc.'s Rules & Guidelines and the "Announcements" or "Stickies" found in the Recycle for Life, Inc. Reusealways.com Forums, which are applicable to specific activities and features and may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms, as of the date they are posted.
3. Modification of these Terms. Recycle for Life, Inc. reserves the right to modify or discontinue the Site with or without notice to you. Recycle for Life, Inc. will not be liable to you or any third party if we elect to exercise our right to discontinue the Site. Recycle for Life, Inc. reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting an updated version on the Website. Please check these Terms and any Guidelines periodically for changes. Your continued use of Recycle for Life, Inc. Reusealways.com after the posting of changes constitutes your binding acceptance of such changes. If the modified Terms are not acceptable to you, then your only recourse is to discontinue using the Site.
4. Prohibited Conduct -- THE FOLLOWING CONDUCT IS PROHIBITED ON RECYCLE FOR LIFE, INC.REUSEALWAYS.COM OR ANY ATTENDANT WEBSITES, FORUMS, GROUPS, GUILDS ETC, AND BY USING RECYCLE FOR LIFE, INC. REUSEALWAYS.COM YOU AGREE TO REFRAIN FROM ENGAGING IN ANY OF THE FOLLOWING. YOU FURTHER AGREE THAT IF YOU ENGAGE IN THE BELOW PROHIBITED CONDUCT OR VIOLATE THESE TERMS AND YOUR ACCOUNT IS THEREFORE TERMINATED YOU FORFEIT ANY AND ALL RECYCLE FOR LIFE, INC. RECYCLE FOR LIFE, INC. REUSEALWAYS.COM VIRTUAL ITEMS TOKENS AND ANY OTHER ITEMS OR RECORDS CONTAINED IN YOUR INVENTORY OR UNDER YOUR ACCOUNT:
a. "stalk", harass, disparage, ridicule, scorn, threaten, or defraud any other Recycle for Life, Inc. member, or Recycle for Life, Inc., its officers or employees, or third parties;
b. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Recycle for Life, Inc. Members or Recycle for Life, Inc.;
c. make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Recycle for Life, Inc., or send junk mail or chain letters to other Members;
d. impersonate another person, user or member or access another Member's account without permission, or impersonate Recycle for Life, Inc. staff;
e. fail to deliver payment for any purchases made on Recycle for Life, Inc. Reusealways.com;
f. share Recycle for Life, Inc. Reusealways.com passwords with a third party or encourage another Member to do so;
g. misrepresent the source, identity, or content of information transmitted via Recycle for Life, Inc. Reusealways.com, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any intellectual property rights, trademark, copyright, patent, trade secret, right of publicity or other right of any other person or entity;
h. use, conspire to use, or encourage others to use Recycle for Life, Inc. Reusealways.com for any illegal purpose;
i. use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
j. interfere with any security-related features of Recycle for Life, Inc. Reusealways.com;
k. intentionally interfere with the operation of Recycle for Life, Inc. Reusealways.com or any Member's enjoyment of it, including intentionally posting inflammatory statements to get a reaction ("Trolling");
l. post, request, or link to sexually explicit material or conduct;
m. discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor or engage in any conduct whatsoever that violates any law pertaining to the protection of minors;
n. post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of Recycle for Life, Inc. or any third party;
o. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Recycle for Life, Inc. Reusealways.com, except to the limited extent applicable laws specifically prohibit such restriction;
p. use bots on the site; buy, sell or trade Recycle for Life, Inc., non-Recycle for Life, Inc. items (including ) or vice versa; or attempt to hack or scam other members;
q. post, distribute or divulge personal information of a Member or employee of Recycle for Life, Inc. on Recycle for Life, Inc. Reusealways.com, or through any forum, blog or other method;
r. engage in any other conduct prohibited by our Rules and Guidelines.
5. Monitoring/Member reporting. Recycle for Life, Inc. has the right, but not the obligation, to monitor any and all activity on Recycle for Life, Inc. Reusealways.com. Recycle for Life, Inc. also has the right, but not the obligation to investigate fully reports from Members and Monitors of improper conduct. Recycle for Life, Inc. may remove any Member Submission or terminate any Member account and/or ban any Member at any time for any action in violation of these Terms including, for conduct detrimental to other Members or Recycle for Life, Inc., or for any other reason that in Recycle for Life, Inc.’s sole discretion warrants such termination.
6. Eligibility; Account Information. Recycle for Life, Inc. Reusealways.com is not available to persons under the age of 13. You agree that the date of birth and all other information you provide to Recycle for Life, Inc. during Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. Recycle for Life, Inc. may, in its sole discretion, refuse to offer Recycle for Life, Inc. Reusealways.com to any person or entity. Recycle for Life, Inc. may change its eligibility criteria at any time. Any Members previously suspended or removed from Recycle for Life, Inc. Reusealways.com by Recycle for Life, Inc. may not be permitted to re-join.
7. RFL Tokens, Virtual Currency. Throughout your Recycle for Life, Inc. Reusealways.com experience, you may accumulate “RFL Tokens", which constitutes a limited license right to use a feature of Recycle for Life, Inc. Reusealways.com when, as, and if allowed by Recycle for Life, Inc.. RFL Tokens is the currency used in the world of Recycle for Life, Inc. Reusealways.com.
8. Fees and Payment Terms; Subscriptions.
. Recycle for Life, Inc. may charge fees for certain features. Should you elect to use such features, you shall pay all applicable fees in RFL Tokens, as described on the Website. Recycle for Life, Inc. reserves the right to change its fees at any time, and will provide notice upon the site. Use of Recycle for Life, Inc. Reusealways.com by you following such notification constitutes your acceptance of any new or increased charges
a. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Recycle for Life, Inc. Reusealways.com, including, but not limited to, sales, use or value-added taxes. To the extent Recycle for Life, Inc. is obligated to collect such taxes, the applicable tax will be added to your billing account.
b. ALL SUBSCRIPTION FEES AND PURCHASES ASSOCIATED WITH VIRTUAL CURRENCY OR ITEMS, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE. YOU UNDERSTAND AND AGREE THAT RECYCLE FOR LIFE, INC. IS NOT REQUIRED TO PROVIDE A REFUND AND THAT YOU WILL NOT RECEIVE MONEY BACK OR OTHER COMPENSATION FOR YOUR INVENTORY OF RFL TOKENS OR ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY OR IN THE EVENT THAT RECYCLE FOR LIFE, INC. DISCONTINUES THE SITE.
9. Termination. You agree that Recycle for Life, Inc., in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Recycle for Life, Inc. or your use of Recycle for Life, Inc. Reusealways.com and remove and discard all or any part of your account including its inventory of any virtual items, Recycle for Life, Inc. RFL Tokens, Recycle for Life, Inc. Member profile, or any Member Submission, at any time. All items, Recycle for Life, Inc. RFL Tokens, Recycle for Life, Inc. , and other aspects of your account are considered to be a limited license to you for your use while your account is in open. Due to the limited nature of the license, the inventory in your account, your Member Submissions and any other virtual items (including Recycle for Life, Inc. RFL Tokens and Recycle for Life, Inc. ), creations or submissions are considered to be forfeit when you close your account, when the account is banned for violation of the Terms or otherwise terminated as provided herein or in the event that Recycle for Life, Inc. discontinues the Site. Any fees paid hereunder are non-refundable. Recycle for Life, Inc. may also in its sole discretion and at any time discontinue providing access to Recycle for Life, Inc. Reusealways.com, or any part thereof, with or without notice. You agree that any termination of your access to Recycle for Life, Inc. Reusealways.com or any account you may have or portion thereof may be effected without prior notice, and you agree that Recycle for Life, Inc. shall not be liable to you or any third party for any such termination. As discussed herein, Recycle for Life, Inc. does not permit copyright infringing activities on Recycle for Life, Inc. Reusealways.com, and reserves the right to terminate access to Recycle for Life, Inc. Reusealways.com, and remove all content submitted, by any Members who are found to be infringers. Any suspected fraudulent, abusive or illegal activity or any of the other prohibited conduct as set forth herein shall be grounds for immediate termination of your use of Recycle for Life, Inc. Reusealways.com and, in certain circumstances, referral to appropriate law enforcement authorities. These remedies are in addition to any other remedies Recycle for Life, Inc. may have under these Terms, at law or in equity.
10. Password. When you register as a Member you will be asked to provide a password. You will be responsible for all activities that occur within your account; you should keep your password confidential. You are solely responsible for safeguarding the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), immediately notify Recycle for Life, Inc.. You may be liable for the losses incurred by Recycle for Life, Inc. or others due to any unauthorized use of your account.
11. Ownership; Proprietary Rights. Recycle for Life, Inc. Reusealways.com is owned and operated by Recycle for Life, Inc. , Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Recycle for Life, Inc. Reusealways.com provided by Recycle for Life, Inc., including without limitation any artwork, Recycle for Life, Inc. virtual items, Recycle for Life, Inc. RFL Tokens, Member Submissions, Recycle for Life, Inc. Member Reusealways.com Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Recycle for Life, Inc. Reusealways.com are the property of Recycle for Life, Inc. or its subsidiaries or affiliated companies and/or third-party licensors. All intellectual property, including but not limited to trademarks (registered and common law), service marks, and trade names are proprietary to Recycle for Life, Inc. or its affiliates and/or third-party licensors. Except as expressly authorized by Recycle for Life, Inc., you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.
12. Member Submissions.
. Definition of Member Submissions. Recycle for Life, Inc. may now or in the future permit submissions in journals, the Art Arena, personal ads, chat, messages, reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Recycle for Life, Inc. does not guarantee any confidentiality with respect to any Member Submissions.
a. Ownership, Limited License Grants. Member's retain all ownership rights in their Member Submissions. Click here for Recycle for Life, Inc.'s explanation of this Section.
i. Limited License Grant to Recycle for Life, Inc.. By submitting Member Submissions to Recycle for Life, Inc. Reusealways.com, you hereby grant to Recycle for Life, Inc., solely as necessary to provide the features and functionality of the part(s) of Recycle for Life, Inc. Reusealways.com within which you choose to make your Member Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sub-licensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use") your Member Submissions within Recycle for Life, Inc. Reusealways.com in any media formats and through any media channels, and to reformat, excerpt or translate any Member Submissions. This license does not grant Recycle for Life, Inc. the right, except in providing the Recycle for Life, Inc. Reusealways.com service, to use your Member Submissions for any other commercial purposes.
ii. Limited License Grant to other Recycle for Life, Inc. Members. By submitting Member Submissions to Recycle for Life, Inc. Reusealways.com, in cases where you display your Member Submissions for other Members to view in any Recycle for Life, Inc. location whether public, private or hidden, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain Recycle for Life, Inc. Reusealways.com functionality and these Terms, you hereby grant to such Members of Recycle for Life, Inc. Reusealways.com a non-exclusive license to Use your Member Submissions solely as necessary for such Members to participate in the relevant Recycle for Life, Inc. Reusealways.com functionality or activity.
b. Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and any consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that: (i) you own, and/or have the necessary licenses, rights, consents, and permissions to Use and to authorize Recycle for Life, Inc. and Recycle for Life, Inc.'s Members to Use your Member Submissions as necessary to exercise the license granted by you hereinabove; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Recycle for Life, Inc. and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on Recycle for Life, Inc. Reusealways.com.
. Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Recycle for Life, Inc. all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Recycle for Life, Inc. or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) impersonate another person, or (f) engage in any other activity that is prohibited by these Terms. Any violation of these representations is grounds for immediate termination of your account without notice or any opportunity to cure the violation. You will forfeit all RFL Tokens and virtual currency and any other items in your account for a violation of these representations or other Terms and agree to indemnify and hold Recycle for Life, Inc., its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Recycle for Life, Inc. Reusealways.com, including for your Member Submissions.
i. Member Submissions Disclaimer. You understand that when using Recycle for Life, Inc. Reusealways.com you will be exposed to Member Submissions from a variety of sources, and that Recycle for Life, Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have or may be able to assert against Recycle for Life, Inc. with respect thereto, Recycle for Life, Inc. does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Recycle for Life, Inc. expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Recycle for Life, Inc. may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, Recycle for Life, Inc. does not permit copyright infringing activities on Recycle for Life, Inc. Reusealways.com.
13. Messaging and Chat
. You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Recycle for Life, Inc. Reusealways.com that conform to the Terms hereof. Recycle for Life, Inc. accepts no responsibility whatsoever in connection with or arising from such Messages. Recycle for Life, Inc. does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not generally reviewed by Recycle for Life, Inc. prior to posting (although Recycle for Life, Inc. retains the right to do so) and do not necessarily reflect the opinions or policies of Recycle for Life, Inc.. Recycle for Life, Inc. makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Recycle for Life, Inc. reserves the right, in its sole discretion, to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
a. Recycle for Life, Inc. assumes no responsibility for actively monitoring Forums for inappropriate Messages. Recycle for Life, Inc. may, at its election and in its sole discretion, monitor the Forums. To the fullest extent permitted by law, Recycle for Life, Inc. nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Recycle for Life, Inc. accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
b. Certain Members of Recycle for Life, Inc. Reusealways.com may volunteer to report inappropriate conduct to Recycle for Life, Inc. that they come across while using Recycle for Life, Inc. Reusealways.com. Recycle for Life, Inc. assumes no responsibility for the actions of such volunteers. The volunteers are not employees or associated with Recycle for Life, Inc. in any manner other than as Members of the community.
c. If you observe inappropriate or prohibited conduct while you are using Recycle for Life, Inc. Reusealways.com you may send an abuse or harassment report to email@example.com or you can submit a report by clicking the Report Abuse or Harassment link which can be found at the bottom of many of the forum or other pages on Recycle for Life, Inc. Reusealways.com.
14. Prohibited Uses.
. Access to the Materials from territories where the contents is illegal is prohibited. Those who choose to access Recycle for Life, Inc. Reusealways.com from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Recycle for Life, Inc. Reusealways.com from countries outside of the United States must agree to abide by all local rules regarding reusealways.com conduct and acceptable content.
a. Any use of Recycle for Life, Inc. Reusealways.com other than for private, non-commercial use is strictly prohibited. As a condition of your use of Recycle for Life, Inc. Reusealways.com, you will not use Recycle for Life, Inc. Reusealways.com for any purpose that is unlawful or prohibited by these Terms. You may not use Recycle for Life, Inc. Reusealways.com in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of Recycle for Life, Inc. Reusealways.com. You may not attempt to gain unauthorized access to Recycle for Life, Inc. Reusealways.com, or any part of it, other accounts, computer systems or networks connected to Recycle for Life, Inc. Reusealways.com, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Recycle for Life, Inc. Reusealways.com or any activities conducted on Recycle for Life, Inc. Reusealways.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Recycle for Life, Inc. Reusealways.com. You agree neither to modify Recycle for Life, Inc. Reusealways.com in any manner or form, nor to use modified versions of Recycle for Life, Inc. Reusealways.com, including (without limitation) for the purpose of obtaining unauthorized access to Recycle for Life, Inc. Reusealways.com.
b. Recycle for Life, Inc. Reusealways.com may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Recycle for Life, Inc. Reusealways.com for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Recycle for Life, Inc. Reusealways.com.
15. DMCA Notifications. It is Recycle for Life, Inc.'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Recycle for Life, Inc.'s DMCA Notification Guidelines. Recycle for Life, Inc. may terminate, without notice, any Member's access to Recycle for Life, Inc. Reusealways.com, if that Member is determined to be a "repeat infringer". A repeat infringer is a Member who has previously been notified by Recycle for Life, Inc. of an infringing activity violation and/or who has had a Member Submission previously removed from Recycle for Life, Inc. Reusealways.com.
16. Third-Party Sites, Products and Services; Links.
. Recycle for Life, Inc. Reusealways.com may include links to other web sites or services solely as a convenience to Members ("linked sites"). Recycle for Life, Inc. does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, Recycle for Life, Inc. makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk, and you acknowledge that Recycle for Life, Inc. shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any linked site.
b. If you opt in to connect your Recycle for Life, Inc. account and data with Facebook (through the Facebook Connect feature) or with any other third party networking (or other) site, that data may become public through the other site. By connecting through Facebook or any other third party networking site you accept, acknowledge and consent that the data contained in your Recycle for Life, Inc. account may become public through the other site and you further acknowledge that you are solely responsible for such actions.
17. Disclaimers; No Warranties. You acknowledge that Recycle for Life, Inc. has no control over, and no duty to take any action regarding: which users gain access to Recycle for Life, Inc. Reusealways.com; what Materials you access via Recycle for Life, Inc. Reusealways.com; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Recycle for Life, Inc. Reusealways.com may contain links to websites containing information that some people may find offensive or inappropriate. You release Recycle for Life, Inc. from all liability for you having acquired or not acquired Materials through the Website.
Recycle for Life, Inc. Reusealways.com AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Recycle for Life, Inc. Reusealways.com ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RECYCLE FOR LIFE, INC., ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
RECYCLE FOR LIFE, INC., ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Recycle for Life, Inc. Reusealways.com WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Recycle for Life, Inc. Reusealways.com OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RECYCLE FOR LIFE, INC., ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Recycle for Life, Inc. Reusealways.com IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RECYCLE FOR LIFE, INC. NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Recycle for Life, Inc. Reusealways.com AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Recycle for Life, Inc., its affiliated companies, officers, employees, agents, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Recycle for Life, Inc. Reusealways.com, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Recycle for Life, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Recycle for Life, Inc., and you agree to cooperate with Recycle for Life, Inc.'s defense of these claims.
19. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RECYCLE FOR LIFE, INC. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON RECYCLE FOR LIFE, INC. REUSEALWAYS.COM, OR ANY OTHER INTERACTIONS WITH RECYCLE FOR LIFE, INC., EVEN IF RECYCLE FOR LIFE, INC. OR A RECYCLE FOR LIFE, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RECYCLE FOR LIFE, INC.'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL RECYCLE FOR LIFE, INC. OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF RECYCLE FOR LIFE, INC. REUSEALWAYS.COM, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER RECYCLE FOR LIFE, INC. REUSEALWAYS.COM MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING RECYCLE FOR LIFE, INC. REUSEALWAYS.COM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN RECYCLE FOR LIFE, INC. AND RECEIVED THROUGH OR ADVERTISED ON RECYCLE FOR LIFE, INC. REUSEALWAYS.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON RECYCLE FOR LIFE, INC. REUSEALWAYS.COM.
. Notice. Except as explicitly stated otherwise, legal notices will be served upon Recycle for Life, Inc. through its national registered agent or, upon a user or Member through to the email address you provide to Recycle for Life, Inc. during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Recycle for Life, Inc. Reusealways.com, or to any billing address provided by you through Recycle for Life, Inc. Reusealways.com. In such case, notice will be deemed given three days after the date of mailing.
a. Waiver. The failure of Recycle for Life, Inc. to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Recycle for Life, Inc..
b. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
c. Disputes. In the event of a dispute involving the interpretation or application of these Terms, or based upon, relating to or arising out of these Terms or Recycle for Life, Inc. Reusealways.com, you consent that such dispute shall be submitted to final and binding arbitration before a single arbitrator in the State of California, County of Santa Clara in accordance with Commercial Arbitration Rules of the American Arbitration Association (AAA). In the event the amount in dispute exceeds $500,000, then the matter shall be submitted before a panel of three arbitrators pursuant to the Commercial Arbitration Rules of the AAA. The decision and award of the arbitrator(s) shall be final and binding on the parties hereto and judgment of such award may be entered in any court of competent jurisdiction. In the event that any party seeks legal action for any purpose as a result of a breach or violation of these Terms, the prevailing party shall be entitled to collect attorneys’ fees and costs from the non-prevailing party.
d. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
e. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Recycle for Life, Inc. without restriction.
f. Survival. Sections 7 and 13through 19 will survive any termination of these Terms.
g. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
h. Entire Agreement. This is the entire agreement between you and Recycle for Life, Inc. relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Recycle for Life, Inc. as set forth in Section 3 above.
i. Claims/Statute of Limitations. YOU AND RECYCLE FOR LIFE, INC. AGREE THAT REGARDLESS OF ANY LAW OR STATUTE TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF RECYCLE FOR LIFE, INC. REUSEALWAYS.COM OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND FOREVER BARRED.
j. Disclosures. The services hereunder are offered by Recycle for Life, Inc. , Inc., located at: PO Box 612680, San Jose, CA 95161-2680. You can also contact us through our Contact Us webform. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
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