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The
freerecycling.com Web Site and it’s related web properties, (the "Services") are
online information and communications services provided by freerecycling.com,
LLC ("FREERECYCLING"), subject to your compliance with the terms and conditions
set forth below including, all exhibits hereto.
"freerecycling.com and freerecycling.com Logo designs are registered trademarks
of FREERECYCLING in the United States and other countries. Other marks that
appear on this Web site may be marks of third parties that are not affiliated
with FREERECYCLING. FREERECYCLING and its affiliates do not control or endorse
the content of third party Web sites.
Please
read this Agreement carefully before accessing or using the Service. By
accessing or using the Service, you agree to be bound by the terms and
conditions set forth below. If you do not wish to be bound by these terms and
conditions, you may not access or use the Service. FREERECYCLING may modify this
Agreement at any time, and such modifications shall be effective immediately
upon posting of the modified Agreement. You agree to review the Agreement
periodically to be aware of such modifications and your continued access or use
of the Service shall be deemed your conclusive acceptance of the modified
Agreement.
1.
Operating Policies for ink cartridge recycling
from Hewlett Packard, DELL,
Lexmark, Canon, Compaq and Xerox. You agree to comply with the Operating Policies set forth in
Exhibit A (as they may be amended by FREERECYCLING from time to time), which are
the rules that govern your activity in connection with the Service.
FREERECYCLING has the right but not the obligation to remove any communications
and materials that FREERECYCLING believes in its sole discretion violate the
Operating Policies.
2.
Copyright Licenses and Idea Submissions for ink cartridge recycling from Hewlett
Packard, DELL, Lexmark, Canon, Compaq and Xerox. The entire contents of the Service are
copyrighted under the United States copyright laws. The owner of the copyright
is FREERECYCLING. You may print and download portions of material from the
different areas of the Service solely for your own non-commercial use. You may
make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy
of any portions of material downloaded from the different areas of the Service
solely for your non-commercial use. Any other copying, redistribution,
retransmission or publication of any downloaded material, is strictly prohibited
without the express written consent of FREERECYCLING or any third party
information provider to the Service. You agree not to change or delete any
proprietary notices from materials downloaded from the Service. You agree to
grant to FREERECYCLING a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to public areas of the
Service (such as bulletin boards, forums and newsgroups) by all means and in any
media now known or hereafter developed. You also grant to FREERECYCLING the
right to use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse
against FREERECYCLING for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to me.
3. Use of
the Service for ink cartridge recycling from Hewlett Packard, DELL, Lexmark,
Canon, Compaq and Xerox. You understand that, except for information, products or services
clearly identified as being supplied by FREERECYCLING, FREERECYCLING does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for FREERECYCLING-identified information, products
or services, all information, products and services offered through the Service
or on the Internet generally are offered by third parties that are not
affiliated with FREERECYCLING. You also understand that FREERECYCLING cannot and
does not guarantee or warrant that files available for downloading through the
Service will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Service for the reconstruction of any lost data. You assume
total responsibility and risk for your use of the Service and the Internet.
FREERECYCLING does not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation warranties of title or
non-infringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the Service, any merchandise, information or
service provided through the Service or on the Internet generally, and
FREERECYCLING shall not be liable for any cost or damage arising either directly
or indirectly from any such transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the Service or on
the Internet generally. FREERECYCLING does not warrant that the Service will be
uninterrupted or error-free or that defects in the Service will be corrected.
The Service and any software made available on the Service are provided on an
"as is, as available" basis.
You
understand further that the Internet contains unedited materials some of that
are sexually explicit or may be offensive to you. You access such materials at
your risk. FREERECYCLING has no control over and accepts no responsibility
whatsoever for such materials.
In no
event will FREERECYCLING be liable for (I) any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of profits,
business interruption, loss of programs or information, and the like) arising
out of the use of or inability to use the Service, or any information, or
transactions provided on the Service or downloaded or hyperlinked from the
Service, even if FREERECYCLING or its authorized representatives have been
advised of the possibility of such damages, or (II) any claim attributable to
errors, omissions, or other inaccuracies in the Service and/or materials or
information downloaded through, or hyperlinked from, the Service. Because some
states do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you. In such
states, FREERECYCLING's liability is limited to the greatest extent permitted by
law.
4.Indemnification. You agree to indemnify, defend and hold harmless
FREERECYCLING, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement by you.
5.Third
Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of FREERECYCLING and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you
on its own behalf.
6. Term;
Termination. Either party without notice may terminate this Agreement at any
time for any reason; provided that you may no longer use the Service after you
have terminated this Agreement. The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5
(Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this
Agreement.
7.Miscellaneous. This Agreement shall all be governed and construed in
accordance with the laws of the State of California applicable to agreements
made and to be performed in California. You agree that any legal action or
proceeding between FREERECYCLING and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in California. Any
cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. FREERECYCLING's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. FREERECYCLING may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Exhibit A
Operating
Policies
Your
participation in on-line communications occurs in real time and is not edited,
censored, or otherwise controlled by FREERECYCLING. FREERECYCLING cannot and
does not screen content provided by users of the Service. Notwithstanding the
foregoing, FREERECYCLING reserves the right to monitor content on the Service
and to remove content which FREERECYCLING, in its sole discretion, determines to
be harmful, offensive, or otherwise in violation of these Operating Policies. In
order to maintain an informative and valuable service that meets the needs of
the users of the Service and avoids the harm that can result from disseminating
statements that are false, malicious, violate of the rights of others, or
otherwise harmful, it is necessary to establish the following rules to protect
against abuse:
(i)
Unless you are participating in an area of the Service that requires or
encourages anonymity, use your real name in online communications.
(ii) You
may not post or transmit any message which is libelous, defamatory or which
discloses private or personal matters concerning any person. You may not post or
transmit any message, data, image or program which is indecent, obscene or
pornographic.
(iii) You
may not post or transmit any message, data, image or program that would violate
the property rights of others, including unauthorized copyrighted text, images
or programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
(iv) You
may not interfere with other users use of the Service.
(v) You
may not post or transmit any file which contains viruses, worms, "Trojan horses"
or any other contaminating or destructive features.
(vi) You
may not post or transmit any message which is harmful, threatening, abusive or
hateful. It is not the Service's intent to discourage you from taking
controversial positions or expressing vigorously what may be unpopular views;
however, FREERECYCLING reserves the right to take such action as it deems
appropriate in cases where the Service is used to disseminate statements which
are deeply and widely offensive and/or harmful.
(vii) You
may not post or transmit charity requests, petitions for signatures, chain
letters or letters relating to pyramid schemes. You may not post or transmit any
advertising, promotional materials or any other solicitation of other users of
the Service for goods or services except in those areas (e.g., a classified
bulletin board) that are designated for such purpose.
(viii)
You may not post or list articles that are off-topic according to the
description of the group or list or send unsolicited mass e-mailings to 10
people if such e-mail could reasonably be expected to provoke complaints from
its recipients.
(ix) You
may not use the facilities and capabilities of the Service to conduct any
activity or solicit the performance of any illegal activity or other activity,
which infringes the rights of others.
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