Terms, Conditions and Privacy Policy

RECYCLEGO TERMS OF SERVICE

 

Last Updated: November 3, 2017

 

This is a legal agreement (“Agreement”) between you and RecycleGO LLC, a company formed under the laws of the state of New York (“Company,” “we,” “us,” “our,” or “RecycleGO”). By using our website, located at https://www.recyclego.com/ (“Website”), our mobile application (“Application”), and/or other services we provide (collectively, “RecycleGO Services” or the “Service”), you become a user (“User” or “Users”) and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the RecycleGO Services. If you do not agree to be bound by this Agreement, then you must not access, download or use RecycleGO Services.

 

RecycleGO is a technology platform that enables individual and business users of RecycleGO Services to arrange and schedule pick-ups of waste and recyclable materials at the User’s residence or business location with RecycleGO or certain third parties including contracted independent hauling companies (“Hauler” or “Haulers”).

 

Your use of, purchase of, or participation in, RecycleGO Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use RecycleGO Services. RecycleGO may offer additional services or revise any of the RecycleGO Services, at its discretion, and this Agreement will apply to all additional services or revised services. RecycleGO also reserves the right to cease offering any of the RecycleGO Services.

 

This Agreement is subject to change by RecycleGO in its sole discretion at any time, with or without notice. Your continued use of RecycleGO Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the top of this Agreement to determine when the Agreement was last revised.

 

BASIC TERMS

 

  1. Minimum Age.  You must be at least 18 years old to use and register for RecycleGO Services. By registering, you represent and warrant that you are at least 18 years old.

 

  1. Creating an Account on RecycleGO Services. In order to use RecycleGO Services, you must create an account (“Account”) by providing us certain information about yourself and your credit card information. By doing so, you authorize us to access and use your profile information, in addition to any information we may collect automatically from your device upon Account creation, and to charge your credit card for purchase of services.  For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

 

  1. Geographic Limitations. Using RecycleGO Services may be prohibited or restricted in certain countries. If you use RecycleGO Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use RecycleGO Services. By using RecycleGO Services, you are representing and warranting that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, RecycleGO Services are void where prohibited. To the extent that RecycleGO Services are not legal in your jurisdiction, you may not use RecycleGO Services. RecycleGO Services may not be used where prohibited by law.

 

  1. Exclusive Use. You may access and view the content on the Website on your computer or other internet compatible device for your personal, internal use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable revocable license to use such materials solely to utilize the Services. Such license will terminate when you no longer use the Services. The Website and the Services, including any content and materials thereon, are only for your personal, non-commercial use. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity.

 

  1. Prohibited Use.  Any commercial distribution, publishing or exploitation of the Website and/or Services, or any content, code, data or materials on the Website, is strictly prohibited. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Website. If you improperly use the Services, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law.

 

  1. Interference of Service.  You must not interfere with or disrupt RecycleGO Services or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any RecycleGO Services is rendered or displayed in a User’s browser or device.

 

  1. Content Removal. RecycleGO reserves the right, but has no obligation, to monitor the information or material you submit to RecycleGO Services or post in the public areas of the Service. RecycleGO has the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

 

PROPRIETARY RIGHTS

 

  1. Ownership of Proprietary Information. RecycleGO owns and hereby retains all proprietary rights in the Services and the Website, including but not limited to, informational material, blog posts and all confidential information provided by Users. The Services are protected by copyright and other intellectual property laws throughout the world. Any future release, update or other addition to the Services shall be subject to this Agreement. RecycleGO reserves all rights not granted in this Agreement.

 

  1. License to Posted Content. By posting information or content to any profile pages or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to RecycleGO Services and its users, an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on RecycleGO Services in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

 

  1. Trademarks. RecycleGO’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of RecycleGO 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 or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

USER INFORMATION

 

  1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please read our Privacy Policy. By using RecycleGO Services, you are consenting to the terms of RecycleGO Services’ Privacy Policy.

 

  1. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, RecycleGO Services reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, RecycleGO Services suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that RecycleGO Services, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that RecycleGO Services is permitted to make such disclosure.

 

  1. Use of Anonymous Information for Research. By using the Services, you agree to allow RecycleGO Services to anonymously use the information received from you through Account creation, survey submissions and your activity through the Services to continue RecycleGO’s research. This research may be published in academic journals and other publications. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.

 

  1. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. RecycleGO Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of RecycleGO, and RecycleGO is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. RecycleGO provides these links to you only as a convenience, and the inclusion of any link does not imply that RecycleGO endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Service (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that RecycleGO will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to RecycleGO with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Service. Please visit our Privacy Policy to learn more about how we use your information.

 

  1. Payment Information. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide RecycleGO with valid payment information in connection with your orders. By providing RecycleGO with your payment information, you agree that (i) RecycleGO is authorized to immediately invoice your Account for all fees and charges due and payable to RecycleGO hereunder, (ii) RecycleGO is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify RecycleGO of any change in your payment information. RecycleGO reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, RecycleGO reserves the right to either suspend or terminate your access to the upaid-for services.

 

PAYMENT TERMS

 

  1. Charges. You understand that use of the Service will result in charges to you for the services you receive from RecycleGO and or the Hauler (“Charges“).  In your Account settings in the RecycleGO Application or Website, you may choose to be charged either (i) as you use the Service or (ii) as a recurring monthly fee.  If you are using the Service on behalf of a company or other legal entity, RecycleGO will provide you with further information on how the Services will be charged. If you choose to incur charges as you use the Service, after you have received services through your use of the Service, RecycleGO will charge you using your preferred payment method designated in your Account, after which you RecycleGO will send you a receipt by email. If you choose to be charged monthly recurring Charges, all Charges will be paid on a monthly basis at the beginning of the month using your preferred payment method designated in your Account, after which RecycleGO will send you a receipt by email.  Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by RecycleGO. If your primary Account payment method is expired, invalid or otherwise cannot be charged, you agree that RecycleGO may use a secondary payment method in your Account, if available. As between you and RecycleGO, RecycleGO reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Service at any time in RecycleGO ’s sole discretion. Further, you acknowledge and agree that Charges may increase due to a change in the size of your requested pick up.  RecycleGO will use commercially reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of the existence or amount of the Charges.

 

  1. Promotional Offers.  RecycleGO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Hauler Charges applied to you.

 

  1. Cancellation and Refund Policies.  You may elect to cancel your request for services from a Hauler at any time up to 48 hours prior to the Hauler’s estimated arrival time, in which case you may be charged a cancellation fee of $100. This payment structure is intended to fully compensate RecycleGO’s Haulers and RecycleGO for the services they provide. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your assigned Hauler.  If for any reason RecycleGO cannot provide service to the customer for reasons within RecycleGO’s control, RecycleGO may reimburse customer the full amount for service that was not provided as customer’s sole remedy.  Refunds will be made to customer in the same manner customer paid for service.  Refunds may take up to 30 days to process.

 

ENVIRONMENTAL REPRESENTATIONS & WARRANTIES

 

In using the Service, you warrant to RecycleGO  that: (i) you are providing only Waste or Recyclable Materials for collection, (ii) you are not providing Prohibited Materials for collection; and (iii) you are and will remain in compliance with all Environmental Laws.  As used in these Terms, the following terms are defined as below:

 

(1) “Environmental Law” means all applicable federal, state and local laws and regulations and common law concerning solid or hazardous waste, toxic or hazardous substances or materials, pollution, or protection of human health and safety or the environment, including without limitation the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §2601 et seq.), and the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 6901 et seq.).

 

(2) “Prohibited Material” means: (a) any Special Waste not expressly approved in writing by RecycleGO , and (b) any materials or substances that are hazardous, toxic, explosive, flammable, radioactive, infectious, or which cannot lawfully be disposed of in a “Subtitle D” landfill, including without limitation,  (i) any material considered a “hazardous waste” under the Resource Conservation And Recovery Act (42 U.S.C. § 6901 et seq.), (ii) PCBs, (iii) asbestos, (iv) diesel fuel, gasoline, or other petroleum products or hydrocarbons, (v) Medical Waste, medications or pharmaceuticals, (vi) any other material or substance that is hazardous or toxic, and which would form the basis of any claim, under any Environmental Laws, and (vii) any waste materials contaminated by, mixed with or containing Prohibited Materials.

 

(3) “Recyclable Material” means approved materials that can be recycled or recovered, and are not intended for disposal, provided further, however, such term specifically excludes Prohibited Materials.

 

(4) “Special Waste” means used tires, construction and demolition (C&D) materials, and materials recognized as “universal waste” or as “special waste” under Environmental Laws.

 

(5) “Waste Material” means non-hazardous solid waste and Recyclable Materials, provided further, however, such term specifically excludes Prohibited Materials.

 

ARBITRATION AGREEMENT

 

This Arbitration Agreement applies only to users in the United States.

 

  1. Dispute resolution and arbitration.  You and RecycleGO agree that any dispute, claim, or controversy between you and RecycleGO arising in connection with or relating in any way to this Agreement or to your relationship with RecycleGO as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) will be determined by mandatory binding individual (not class) arbitration. You and RecycleGO further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement.

 

  1. Exceptions.  Notwithstanding the clause above, you and RecycleGO both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

 

  1. No Class Or Representative Proceedings: Class Action Waiver.  YOU AND RECYCLEGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and RecycleGO agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

  1. Arbitration rules.  Either you or we may start arbitration proceedings. Any arbitration between you and RecycleGO will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and RecycleGO agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. RecycleGO can also help put you in touch with the AAA.

 

If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and RecycleGO submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, RecycleGO will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

  1. Notice; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). RecycleGO’s address for Notice is: RecycleGO [LLC], Attn: [name of person or title], [address for notice], USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or RecycleGO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or RecycleGO shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

 

  1. Enforceability.  If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the section titled “Governing Law & Venue” shall govern any claim in court arising out of or related to the Agreements.

 

GOVERNING LAW & VENUE

 

You agree that this Agreement, RecycleGO Services and any dispute arising out of or relating to this Agreement will be governed by the laws of the State of New York (without giving effect to its conflicts of law principles). You acknowledge and agree that any violation of this Agreement may cause RecycleGO Services irreparable harm, and therefore agree that RecycleGO Services will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that RecycleGO Services may have for a breach of this Agreement.

 

DISCLAIMER OF WARRANTY

 

RECYCLEGO SERVICES, INCLUDING, WITHOUT LIMITATION, RECYCLEGO CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RECYCLEGO NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RECYCLEGO PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO RECYCLEGO OR VIA THE SERVICE. IN ADDITION, THE RECYCLEGO PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

 

THE RECYCLEGO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE RECYCLEGO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE RECYCLEGO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RECYCLEGO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

 

THE RECYCLEGO PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

LIMITATION OF LIABILITY; WAIVER

 

UNDER NO CIRCUMSTANCES WILL THE RECYCLEGO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) RECYCLEGO CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RECYCLEGO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RECYCLEGO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE RECYCLEGO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RECYCLEGO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RECYCLEGO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RECYCLEGO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RECYCLEGO PARTIES.

 

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

RECYCLEGO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

INDEMNIFICATION

 

You (and also any third party for whom you operate an Account or activity on the Service) agree to defend (at RecycleGO’ request), indemnify and hold the RecycleGO Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by RecycleGO in the defense of any claim. RecycleGO reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of RecycleGO.

 

TIME LIMITATION ON CLAIMS

 

You agree that any claim you may have arising out of or related to your relationship with RecycleGO must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement between you and RecycleGO and governs your use of the Service, superseding any prior agreements between you and RecycleGO. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of RecycleGO. Any purported assignment or delegation by you without the appropriate prior written consent of RecycleGO will be null and void. RecycleGO may assign this Agreement or any rights hereunder without your consent. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of this Agreement remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. This Agreement does not confer any third-party beneficiary rights.