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,
AND
2) WILL COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS OF SERVICE, AS WELL
AS, OUR PRIVACY POLICY.
CLICK HERE TO VIEW OUR PRIVACY POLICY.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY IN THEIR
ENTIRETY OR ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR
USE THIS WEBSITE.
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.
PLEASE READ CAREFULLY THESE TERMS OF SERVICE. By
accessing, browsing, using and/or REGISTERING WITH Recycle for Life, Inc. Reusealways.com,
you acknowledge that you have read, understood, and agree to be bound by these
terms, including ANY GUIDELINES AND FUTURE modifications, as well as our
PRIVACY POLICY and all of the Related Documents listed above, which are
incorporated by reference herein(collectively, the "TERMS").
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
1.
Privacy
Policy. Your privacy is
important to Recycle for Life, Inc.. Recycle for Life, Inc.'s Privacy
Policy is hereby
incorporated into these Terms by reference. Please read the Privacy Policy
carefully for details relating to the collection, use, and disclosure of your
personal information.
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 safety@reusealways.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.
a.
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through Recycle for Life, Inc. Reusealways.com are solely between you and
such advertiser. You agree that Recycle for Life, Inc. will not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on Recycle for
Life, Inc. Reusealways.com. Your activities with such third party advertiser
are governed by the terms and privacy policy on such 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.
20.
Miscellaneous.
. 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.
Disclaimer & Copyrights:
RECYCLE FOR LIFE, INC. reusealways.com and all affiliated developers of RECYCLE FOR
LIFE, INC. Reusealways.com will not be held responsible for (1) any content
generated by RECYCLE FOR LIFE, INC. Reusealways.com users/members or (2)
content that exists through any links posted on the RECYCLE FOR LIFE, INC. Reusealways.com
website.
RECYCLE FOR LIFE, INC. Reusealways.com and all
images associated with RECYCLE FOR LIFE, INC. Reusealways.com are © Copyright
2020 Recycle for Life, Inc. , Inc. All Rights Reserved.