Widget Terms and Conditions
Effective Date October 12, 2010
The Widget; Eligibility to Use Services
The 1-800-RECYCLING Widget (the “Widget”) is a downloadable Flash tool to facilitate the location of recycling centers by consumers, which is provided to consumers (“you”) by Electronic Recyclers International Inc., a Delaware corporation, and its subsidiaries (collectively referred to herein as “ERI”), via 1-800-RECYCLING.com. By downloading and/or using the Widget, you agree to the Terms and Conditions (“Terms and Conditions”) specified herein.
In order to use the Widget or 1-800-RECYCLING.com, you must be eighteen (18) years of age or older. The Widget is contemplated for use only within the United States. Those who access the Widget or 1-800-RECYCLING.com from locations other than the United States do so at their own risk and are responsible for compliance with applicable local laws. ERI reserves the right in its sole discretion to refuse or terminate access to the Widget, or the 1-800-RECYCLING.com site, by anyone, including you, at any time.
Use of Widget and Web Site
Subject to your compliance with these Terms and Conditions, ERI hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your web site solely for your own personal, non-commercial use as permitted by these Terms and Conditions. You are not licensed to use the Widget for any other purpose, and nothing in these Terms and Conditions shall be deemed to grant you any right, title or interest in the Widget. In particular, you may not use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale. You may not charge third parties for use of the Widget. The Widget (including the software contained therein) and the Widget’s content are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by ERI. Your use of the Widget is subject to the express parameters of the limited license granted to you pursuant to this paragraph. The Widget and its content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, distributed, transferred or redistributed in any way without your obtaining the express prior written permission in each instance of ERI. In addition, neither the Widget, its content, nor content at 1-800-RECYCLING.com may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on your web site(s).
Links to Third Party Sites
The Widget, or 1-800-RECYCLING.com, may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of 1-800-RECYCLING.com or ERI, and neither 1-800-RECYCLING.com nor ERI is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, any broadcast from a Linked Site, or any updates or changes to a Linked Site. The Linked Sites are being provided to you as a convenience only, and the inclusion of any link does not imply endorsement by 1-800-RECYCLING.com or ERI of the Linked Site or any association with its operators.
No Prohibited or Unlawful Use
You warrant to 1-800-RECYCLING.com and ERI, as a condition of your use of the Widget, that you will not use the Widget for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Widget in any manner which could damage, disable, overburden, or impair electronicrecylers.com or interfere with any other party’s use and enjoyment of 1-800-RECYCLING.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through 1-800-RECYCLING.com. You may not place the Widget on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by ERI in its sole discretion. If requested by ERI, for any reason whatsoever, you will remove the Widget from your web site and cease using the Widget.
Termination of Use
Applicable Law; Statute of Limitations
These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts in Fresno County, California in all disputes arising out of or related to the use of the Widget or 1-800-RECYCLING.com. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 1-800-RECYCLING.com, the Widget, or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
If any provision of these Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms and Conditions. The failure of ERI to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WIDGET IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WIDGET AND ANY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ERI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WIDGET AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ERI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WIDGET, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE WIDGET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WIDGET OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WIDGET OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ERI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WIDGET OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability; Indemnification
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ERI BE LIABLE FOR DAMAGES OR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WIDGET, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ERI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. In no event shall ERI’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You assume liability for, and shall indemnify, protect, save and hold harmless each Indemnified Person (as described below) from and against any and all liabilities, obligations, settlements, losses, damages, penalties, claims, actions, suits, costs and expenses, including reasonable legal, accounting or investigation fees and expenses, of whatsoever kind and nature, whether sounding in tort, contract, warranty, strict liability, statutory violation, or any other theory whatsoever (herein collectively called “Claims”) imposed on, incurred by or asserted against any Indemnified Person in any way relating to or arising out of any of the following: (i) your use of the Widget, (ii) users of your web site; (iii) any third party’s use of the Widget through your web site, (iv) these Terms and Conditions, or (v) the performance of, or failure to perform, any Indemnified Person’s obligations under these Terms and Conditions. Provided, however, you shall not be required to indemnify any Indemnified Person for any Claims to the extent resulting from the gross negligence, willful misconduct or fraud of such Indemnified Person, but the gross negligence, willful misconduct or fraud of a particular Indemnified Person shall not affect the rights of any other Indemnified Person hereunder. For purposes of these Terms and Conditions, the term “Indemnified Person” shall mean and include ERI, each of its affiliated companies, and each of their respective partners, shareholders, members, owners, officers, directors, employees, agents, contractors, successors, assigns, subsidiary and related organizations.
All contents of the 1-800-RECYCLING.com web site and the contents of the Widget are property of ERI. The names of companies and products mentioned in the Widget or on 1-800-RECYCLING.com may be trademarks of their respective owners. Any rights not expressly granted herein are reserved.
ERI may modify, suspend, withdraw or discontinue, temporarily or permanently, either the Widget, 1-800-RECYCLING.com and/or the content contained thereon, in whole or in part, at any time without notice. You agree that ERI shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of any part of the Widget. ERI may, at any time, revise these Terms and Conditions by updating this posting. By using 1-800-RECYCLING.com and/or the Widget, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms and Conditions to which you are bound.
Privacy and Information Sharing; Contact Information
You agree and affirm that all contact information provided to ERI and 1-800-RECYCLING.com, including email address, physical address, and telephone number, is current, and that it is your responsibility to provide us with updated contact information. You further agree that any email message that we send to you which is not returned by our mail servers is deemed to have been effectively received by you and constitutes due notice to you by email. It is also further agreed that any telephone message left on your answering machine, answering service, or with a person answering your telephone is effectively received by you and constitutes due notice given to you by telephone.
At ERI's sole discretion, from time to time, promotional programs may be offered to consumers. Promotional programs will have explicitly defined terms which will govern each promotional program, such as usage per consumer, usage per transaction, expiration date, and other limitations. Promotions must be applied at the time of the transaction. ERI reserves the right, in its sole discretion, to cancel or refuse promotions.
Acceptance of Terms
You acknowledge you have read, and agree to be bound by, these Terms and Conditions and to comply with all applicable laws and regulations, including, without limitation, U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. By your continued use of the Widget and 1-800-RECYCLING.com, you agree to each of the Terms and Conditions set forth and/or linked herein. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that you have the legal authority to accept these Terms and Conditions on behalf of yourself or any party you represent. If you do not agree to these Terms and Conditions, you are prohibited from using the Widget, ERI’s services or 1-800-RECYCLING.com.
By clicking you agree to the terms defined above.