ENVIROCYCLE WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR OTHER SERVICES (AS DEFINED HEREIN)
Last modified: November 14th, 2016 – English (US) Version
Welcome to Envirocycle.
We thank you for using our products and services. These terms and conditions of use (“TCoU”, “Terms”) are entered into by and between You and Envirocycle (“Envirocycle”, “us”, “we”, “our”) and govern the relationship between ourselves and users such as yourself (“you”, “your”), who interact with us or our affiliates, including but not limited to when users interact with Envirocycle media, brands, website features and other products and services available when visiting or shopping at Envirocycle.com or any other Envirocycle branded or co-branded websites (including but not limited to sub-domains, international versions, widgets, social media pages or listings and mobile versions), purchasing products or services, devices, networks, software applications for computers or mobile, or interact with our customer service, including through communications by email, phone, messaging services or other means or use any other product or service now existing or later developed, as provided by Envirocycle in connection with any of the foregoing (herein, “Services”). For all intents and purposes, the use of our Services includes any interaction with our Services of any nature whatsoever.
This Website is offered and available to users who 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Envirocycle and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Envirocycle is constantly changing and improving, and therefore, we may revise and update these TCoU from time to time in our sole discretion. We reserve the right to not provide prior notice of any changes to our TCoU at any time for any reason. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised TCoU means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You may be able to access these TCoU in several different languages if you change the language setting of the applicable Service. If the TCoU are not available in the language you select, you agree to default to the English (US) version. These TCoU were written in English (US). To the extent any translated version of the TCoU conflicts with the English (US) version, the English (US) version controls. Please note that some sections contain certain changes to these TCoU for users outside the United States.
When you use any Service, or send emails, text messages, and other communications from any electronic devices, including but not limited to desktop, mobile or tablet devices to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages through applicable Services, and you can retain copies of these communications for your records. We try to answer every email in a timely manner, but are not always able to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these TCoU and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. If there has been any unauthorized access to or use of your username or password or any other breach of security you agree to notify us immediately.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time you have violated any provision of these TCoU.
User Content and Information Sharing
The contents of Services, such as text, graphics, images, information obtained from our licensors, and other material contained in the Services are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or the treatment of any condition. Always seek the advice of a qualified healthcare professional with any questions you may have regarding any condition. Never disregard professional medical advice or delay in seeking it because of something you have read through our Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Envirocycle does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through our Services, unless explicitly expressed in writing.
When you use certain features of our Services, you may have the ability to transmit media, including but not limited to the ability to upload, submit, store, send or receive content, reviews, comments, photos, videos, suggestions, ideas, or to send electronic communications of any kind (“Your Content”, “Content”), and some ways you can transmit Your Content may be visible to everyone, including but not limited to comments, message boards, blogs, reviews or other member communities (“Public Areas”). You are responsible for all of Your Content that you choose to transmit and the consequences of transmitting Your Content to Public Areas, and in cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Your reliance on any information provided by Envirocycle, its employees, or others featured at the invitation of Envirocycle, or other third parties through our Services, is solely at your own risk and responsibility. If you think you may have a medical emergency, call your doctor or 911 immediately.
Any Content you post to the site will be considered non-confidential and non-proprietary. By providing any Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Envirocycle, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
You retain ownership of any intellectual property rights that you hold in Your Content. In For Your Content that is covered by intellectual property rights, including but not limited to photos and videos, or if you transmit any business information, idea, concept or invention to Envirocycle through our Services by any means, you agree such submission is non-confidential for all purposes, and you warrant that you have permission from all persons appearing in Your Content for you to make this contribution and grant the rights described herein, and you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes the following license to Envirocycle and unless we indicate otherwise, you grant Envirocycle (and those we work with) a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license for Envirocycle to use Your Content on or in connection with our Services and to use, edit, post, copy, host, print, store, reproduce, modify, create derivative works (including but not limited those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services), transmit, communicate, publish, publicly perform, publicly display and distribute Your Content in any media or other method of use now known or hereafter developed (herein, the “License”).
The rights you grant in this License are for the following purposes, including but not limited to operating, promoting, and improving our Services, and to develop new ones. The License continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of Your Content submitted in those Services. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit this information through our Services. When you publish Your Content in Public Areas, it means that you may be allowing everyone, including people not registered with our Services, to access and use that information, and to associate it with you based on any information you have made available, including but not limited to your name and profile picture or any other personal information. If you accidentally submit any confidential personal information to Public Areas, it is at your sole risk and responsibility, however we will assist you in removing the confidential personal information in a commercially feasible and timely manner. You represent and warrant that you own or otherwise control all of the rights to Your Content and that the use of Your Content does not violate these Terms and will not cause injury to any person or entity.
Your use of our Services does not assign, give or otherwise grant you any ownership, license or any other intellectual property right of any kind in our Services or any other intellectual property rights owned by Envirocycle, including but not limited to any trademarks, industrial designs (known as design patents in the United States), patents, whether utilitarian patents or full patents, patentability, copyrights, moral rights or other authorship rights associated therewith, whether current, future or proposed, registered or unregistered, and to all improvements or modifications related thereto. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. Our Services display some content that is not Envirocycle’s or we may provide links to third-party web sites. This content is the sole responsibility of the entity that makes it available. Envirocycle takes no responsibility and assumes no liability for any content posted by you or any third party. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we always review content, so please don’t assume that we do. Envirocycle does not recommend and does not endorse the content on any third-party websites.
As a user of our Services, you agree not to:
• make purchases through our Services without the involvement of a parent or legal guardian if you are under 18 years of age;
• use our Services if you are a convicted sex offender;
• transmit any of Your Content through our Services that is objectionable, pornographic, sexually explicit, invasive of privacy, unlawful, obscene, hate speech, offensive, threatening, intimidating, bullying, defamatory, harassing, abusive, slanderous, injurious, embarrassing; or contains nudity, graphic or gratuitous violence; or incites violence towards or is otherwise inappropriate to any other user, person or entity as determined by Envirocycle in its sole discretion;
• use our Services to do or facilitate anything unlawful, misleading, malicious, or discriminatory, or could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these TCoU;
• provide any false personal information, such as a false email address;
• create an account for anyone other than yourself without explicit written permission from this third party;
• transmit Your Content with any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• use any of our Services available on mobile devices in a way that distracts you and prevents you from obeying traffic or safety laws;
• create more than one personal account;
• transmit unauthorized commercial or political communications including but not limited to spam, advertisements, chain letters, mass mailings, solicitations of business or political campaigning;
• after receiving a warning, continue disrupt the normal flow of dialogue, or transmit Your Content that is not related to the topic being discussed (unless it is clear the discussion is free-form);
• share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
• allow any other person or entity to use your identification for posting or viewing comments, or transfer your account to anyone without first getting our written permission;
• remove, obscure, or alter any legal notices (including but not limited to these Terms) displayed in or along with our Services;
• engage in any conduct to interrupt, restrict, inhibit, destroy, limit the functionality of, disable, overburden, or impair the proper working or appearance our Services, including but not limited to a denial of service attack or interference with page rendering or other Service functionality, or which, in the judgment of Envirocycle, prevents any other person from using any feature of our Services, or exposes Envirocycle or any of its customers or suppliers to any liability or detriment of any type;
• probe, scan or test the vulnerability of our Services or any network connected to the Services, nor breach the security or authentication measures of the Services or any network connected to the Services;
• reproduce, duplicate, copy, sell, rent, lease, lend, loan, resell, make available for paid visit, distribute, sub-license, or otherwise exploit for any commercial purpose or derivative use any Service, or its contents, including but not limited to any collection and use of any product listings, descriptions, or prices;
• try to access the Services using a method other than the interface and the instructions that we provide;
• transfer or assign any of your rights or obligations under these Terms to anyone else without our express written consent and any purported assignment without such consent shall be of no effect;
• encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Services, whether in whole or in part, or create any derivative works from or of the Services unless laws prohibit those restrictions or you have our written permission.
In an effort to help make our Services safer, more secure and better suited for our users’ needs, Envirocycle reserves the right (but is not obligated) to do any or all of the following under any circumstances, as we see fit and at our sole discretion, without prior notice:
• refuse service, including but not limited to refusing access to Public Areas, terminate accounts, remove or edit content, or cancel orders;
• record the dialogue in comment sections;
• investigate an allegation that Your Content or another user’s content does not conform with our Terms or applicable laws and determine if we remove or request the removal of the content;
• review prior to submission, edit or delete any of Your Content transmitted through our Services, regardless of whether Your Content violates our Terms for any reason, at any time, without prior notice at our sole discretion;
• treat all information submitted to Envirocycle as non-confidential for all purposes;
• use your feedback or suggestions about our Services or any business information, idea, concept or invention of any nature whatsoever without any obligation to compensate you for them. You irrevocably transfer and assign to Envirocycle, and forever waive and agree never to assert, any copyrights, “moral” rights, rights of publicity or to privacy, or other intellectual property or proprietary rights that you may have in such suggestions, and agree that Envirocycle will own all right, title, and interest in and to the suggestions, even if you have designated the suggestions as confidential, and agree to provide Envirocycle any assistance that may be required to document, perfect, and maintain Envirocycle’s rights in the suggestions. Envirocycle will be entitled to use the suggestions without restriction. We always appreciate your feedback or other suggestions about our Services, but you understand that you have no obligation to offer them;
• remove or reclaim a username or similar identifier for your account if we believe it is appropriate (including but not limited to when a trademark owner complains about the use of a username that does not closely relate to a user’s actual name and is the intellectual property of the trademark owner);
• provide you with an opportunity to appeal if we remove your content for infringing someone else’s intellectual property, and you believe we removed it by mistake;
• disable your account when appropriate if you repeatedly infringe other people’s intellectual property rights;
• to comply when obliged to by law or in response to a valid legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, may affect users in or not in that jurisdiction, and is consistent with internationally recognized standards when we have a good faith belief it is necessary to detect, prevent and address fraud and other illegal activity, or to protect the rights of Envirocycle and those of others, including as part of investigations, to protect property or security to prevent death or imminent bodily harm;
• to freely assign any and all of Envirocycle’s rights and obligations in connection with a merger, acquisition, or sale of assets, or by operation of law or any other reason at our sole discretion.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Envirocycle, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The use of copyrighted material, trademarks, as well as content available in Services offered by us is in whole (the “Brand Features”).
If Envirocycle has granted you express written permission or other license to use any of our Brand Features, you must always follow our rules for proper Envirocycle brand usage (“Brand Rules”) as enumerated below.
If Envirocycle provides permission or other license to use any of our Brand Features, you must strictly abide by our Brand Rules as well as any other written requirements provided by Envirocycle, including but not limited to size, typeface and colors, even if we provide these additional requirements to you after you have been granted permission or license for and have started to use our Brand Features, at which point you must implement changes to abide by the additional requirements within a commercially reasonable timeframe. Envirocycle reserves the right to modify these Brand Rules and any additional requirements at any time, at our sole discretion. Envirocycle also reserves the right to revoke any permissions or license that has granted to any third party in the past, or otherwise prohibit the use of the Brand Features for any reason at any time whatsoever, without prior notice and at Envirocycle’s sole discretion, including but not limited to if such use of the Brand Features does not conform to these Brand Rules, our Terms or any other additional requirements we may implement from time to time. Your use, whether authorized or otherwise licensed or not, of our Brand Features is at your sole risk and responsibility.
When using our Brand Features, you agree to:
• distinguish any Envirocycle trademark you use from the surrounding text in some way, which can be done if you capitalize the first letter, capitalize or italicize the entire mark, place the mark in quotes, use a different type style or font for the mark than for the generic name;
• keep enough space around Envirocycle Brand Features so they appear clean and uncluttered;
• spell and capitalize Envirocycle trademarks exactly as they are shown in the list of our Trademarks as seen below
• use Envirocycle trademarks only as an adjective, with the generic term for the product or Service following the trademark, for example: Envirocycle composter, Envirocycle compost tea maker, Envirocycle customer service;
• use only Envirocycle-approved artwork when using Envirocycle’s logos and other Brand Features;
• conspicuously acknowledge Envirocycle’s ownership of any Envirocycle trademarks you use with explicit reference to your use being subject to license, which can be done if you place a “™” beside our trademark, with the phrase “™ Trademark of Envirocycle Systems Inc., used under license.” appearing at the end of the content which displays our trademarks, or by inserting a phrase which explicitly names our trademarks, such as “ENVIROCYCLE is a trademark of Envirocycle Systems Inc., used under license” under our trademark;
• conspicuously acknowledge Envirocycle’s ownership of copyrights in any materials protected under international copyright laws, which can be done by inserting a phrase such as “Copyright © Envirocycle Systems Inc., 2016. All rights reserved.” under our copyrighted material;
• follow all other applicable Terms.
When using our Brand Features, you agree you will not:
• remove, distort, hyphenate, combine, shorten, abbreviate, make acronyms out of, alter or otherwise modify any element of our Brand Features, especially our trademarks, including but not limited to modifications such as “Envirocycler”, “Enviro-Cycle”, “Environcycle”;
• display a Brand Feature as the most prominent element on your web page or in any manner that implies a relationship or affiliation with, partnership, sponsorship, or endorsement by Envirocycle, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Envirocycle or its employees, without Envirocycle’s express prior written permission or license;
• display a Brand Feature on any website that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable laws or regulations;
• display a Brand Feature in a manner that is in Envirocycle’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Envirocycle, notwithstanding the fact that Envirocycle does not discourage fair use, criticism, opinion, or commentary;
• frame, mirror or utilize otherwise similar framing techniques to enclose Envirocycle’s name or any Envirocycle trademark, logo, or other proprietary information or intellectual property (including but not limited to images, text, page layout, meta tags or any other “hidden text”) or any Service, including but not limited to the use of a page that appears in response to a click on the Envirocycle logo or Envirocycle search box without our express written consent;
• incorporate, attempt to assert any rights over, whether by trademark, domain name or any other use or registrations of, or use otherwise confusingly similar trademarks or any other identifiers of goods and services for your own products, services or company names which are similar to any Brand Features, including but not limited to if you copy or imitate Envirocycle’s trade dress, the look and feel of our Services, properties, brand packaging, distinctive color combinations, typography, graphic designs, product icons, imagery or monikers, or use, adopt or register Envirocycle trademarks, logos, marks, slogans, designs, or incorporate Brand Features in social media account names, profiles, or register Envirocycle trademarks and other Brand Features as first, second or third level domain names; including but not limited to all other methods that may either mislead consumers as to the origin of our Services or otherwise dilute or damage our trademarks or other intellectual property;
• use any Envirocycle trademark as a noun or verb, in the plural or possessive form, or in any other way that suggests a common, descriptive, or generic meaning, with examples including but not limited to “You bought an Envirocycle”, “You bought an envirocycle”, “You can start to envirocycle”;
• use the registered trademark symbol “®” in connection with any Envirocycle trademark in jurisdictions where our marks have not been registered; our trademark rights vary from jurisdiction to jurisdiction, and in certain jurisdictions, use of the registered trademark symbol is considered a felony offense.
This TCoU permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The below listed trademarks, design marks, and all related designs, graphics, logos, page headers, button icons, scripts, and service names related to Envirocycle on or from our Products and Services are trademarks (and in some jurisdictions, registered trademarks) or trade dress of Envirocycle Systems Inc. All other authorized use of our trademarks is under license.
™ Trademarks of Envirocycle Systems Inc. Used under license.
All other trademarks not owned by Envirocycle that appear our Website or in connection with our products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Envirocycle. Use of these trademarks does not constitute and does not imply any endorsement, partnership, sponsorship, right, title, or interest in the trademarks by Envirocycle. Nothing contained on our Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Envirocycle.com without the written permission of Envirocycle or such third party that may own the trademark.
• AMAZON, AVAILABLE AT AMAZON DESIGN, the AMAZON LOGO DESIGN, AMAZON PAYMENTS, PAY WITH AMAZON, the “A” DESIGN and other related designs, graphics, logos, page headers, button icons, scripts, and service names related to Amazon that are available on or from Envirocycle.com are trademarks, registered trademarks, or trade dress of Amazon.com, Inc. or its Affiliates in the U.S. and/or other countries.
• FACEBOOK, the FACEBOOK “F” DESIGN, INSTAGRAM, INSTAGRAM DESIGN, the INSTAGRAM GLYPH DESIGN and the INSTAGRAM MULTI-COLOR CAMERA DESIGN are trademarks and/or registered trademarks of Facebook, Inc.
• ADWORDS, BROADCAST YOURSELF, GOOGLE, GOOGLE+, G+ LOGO DESIGN, YOUTUBE, the YOUTUBE LOGO DESIGN, YOUTUBE ICON DESIGN, are trademarks and/or registered trademarks of Google Inc.
• LINKEDIN, LINKEDIN (STYLIZED) DESIGN and the “IN” LOGO DESIGN are trademarks and/or registered trademarks of Linked In.
• MASTERCARD and the MASTERCARD BRAND MARK DESIGN are trademarks and/or registered trademarks of MasterCard International Incorporated.
• PAYPAL.CA, PAYPAL.COM, PAYPAL, PayPal Acceptance Logos, PayPal Solutions Graphics, the DOUBLE P DESIGN, PAYPAL VERIFIED DESIGN, all other logos, all page headers, custom graphics, button icons, and scripts related to PayPal that are available on or from Envirocycle.com are either service marks, trademarks, registered trademarks, and/or trade dress of PayPal or its licensors.
• PINTEREST, PINTEREST LOGO DESIGN, PIN IT DESIGN, PIN IT, PINTEREST BADGE DESIGN are trademarks and/or registered trademarks of Pinterest.
• SYMANTEC, VERISIGN, the CHECKMARK LOGO, NORTON and NORTON SECURED are trademarks or registered trademarks of Symantec Corporation or its affiliates in the U.S. and other countries.
• LEXUS is a trademark or registered trademark of Toyota Jidosha KK (Toyota Motor Corporation) in the U.S. and foreign countries.
• TWITTER name and TWITTER logo are trademarks or registered trademarks of Twitter, Inc. in the U.S. and foreign countries.
• VISA, VISA TWO-COLOUR DESIGN Mark, and all other logos related to Visa are trademarks and/or registered trademarks of Visa in the United States and other countries (trademark denotations on the Visa site indicate federal registrations in the United States).
• SKYPE is a trademark and/or registered trademark of Microsoft Corporation in the United States and other countries.
Copyright Infringement Claims
If you believe that any user contributions violate your copyright, please submit your complaint by email to the following address: email@example.com. It is our goal to respond quickly to the concerns of owners and any alleged infringement. Please contact our copyright agent (as identified below) and provide us with the following information:
• A physical signature or the electronic equivalent of the person authorized to act on behalf of the owner of the copyright interest.
• An identification, description and where possible include a copy or the location or URL of an authorized version of the copyrighted work that you claim has been infringed upon.
• An identification, description, URL, or any other pertinent information that will allow us to determine where the material that you claim is infringing is located in our Services.
• Your address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement relating to our Services is as follows:
Envirocycle Systems Inc.
Attn: Copyright Agent – Legal Department
101, Rue du Moulin, Suite 116
Magog, QC, J1X 4A1 Canada
Phone (toll-free): 1-866-989-3684.
Please note that this procedure is exclusively for notifying Envirocycle that your copyrighted material has been infringed.
You may use the Website only for lawful purposes and in accordance with these TCoU. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Envirocycle, an Envirocycle employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or the users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Payments and Online Purchases
Special International Provisions for Users Inside and Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. Envirocycle is based in Magog, in the Province of Quebec, Canada. Many of our Services have operations in both Canada, the United States of America and potentially other countries internationally (the “Countries”). When using certain Services, you consent to having your personal data transferred to and processed internationally in the Countries. Envirocycle makes no claims that any of our Services are appropriate for use or may be downloaded outside the countries where we are offering our Services (“Service Countries”). Although the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access our Services from outside the Service Countries, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction where you are accessing our Services. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities through our Services. You will not use our Services if you are prohibited from receiving products, services, or software originating from the United States or Canada. Envirocycle reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made through our Services is void where prohibited. The Services may contain references or cross references to other Services including products, programs and services that are not announced in your country. Such reference does not imply that Envirocycle intends to announce or make available such products, programs or services in your country.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENVIROCYCLE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENVIROCYCLE NOR ANYONE ASSOCIATED WITH THE ENVIROCYCLE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL ENVIROCYCLE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Although these TCoU, TCoS, Warranty and other instructions in our Getting Started Guide, Warnings and other material available about our Products through our Services help advise Buyer’s and third parties’ conduct when using our Products, we do not control or direct Buyer’s actions or those of third parties when using our Products or Services and Envirocycle is not responsible for Buyer’s use of our Products, or our Services or violations of these TCoU and our TCoS.
IF ANY PARTY BRINGS A CLAIM, SUIT OR OTHER ACTION AGAINST US, BUYER OR THE LEGAL ENTITY BUYER REPRESENTS AGREE TO DEFEND, INDEMNIFY, AND HOLD ENVIROCYCLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND AFFILIATES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, EXPENSES OF ANY KIND, SUITS, JUDGMENTS, CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES, LITIGATION COSTS AND ATTORNEYS’ AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, ANY USE OF THE PRODUCTS OR SERVICES.
Governing Law and Jurisdiction
All matters arising out of or relating to these TCoU are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
Arbitration Agreement and Waiver of Certain Rights
You and we agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and us relating to these TCoU or relating to any of our Services (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
To begin an arbitration proceeding, Buyer must send a letter requesting arbitration and describing Buyer’s claim to Envirocycle directly. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Envirocycle will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these TCoU, nor a waiver of the right to have disputes submitted to arbitration as provided in this TCoU.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the TCoS will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this TCoS. This Section of the TCoS will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
How to Serve a Subpoena
If you have a subpoena to serve to Envirocycle, please note that Envirocycle does not accept service via email or fax and will not respond to this improperly served subpoena. All subpoenas must be properly served to Envirocycle at the following address:
Envirocycle Systems Inc.
Attn: Subpoena – Legal Department
101, Rue du Moulin, Suite 116
Magog, QC, J1X 4A1 Canada
Phone (toll-free): 1-866-989-3684.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, email and/or the credit card number used to make purchases for retail purchase information.
Waiver and Severability
Export Regulations; Government End Users
You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Services. If you are a U.S. Government end user, we are licensing the Services to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Services are the same as the rights we grant to all others under these TCoU.
Please do not hesitate to contact Envirocycle with any questions concerning the TCoU.