Last Updated: August 26, 2019
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE RECYCLINGBALERS.COM SITE (AS DEFINED BELOW) -- BY YOUR USE OF THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE SERVICE AND DELETE YOUR ACCOUNT IMMEDIATELY.
These Terms & Conditions sets forth the agreement (“User Agreement”) between you (“you”), as either an individual or as a business entity, and Recycling Balers, Inc, a Colorado limited liability company (“Company,” “we,” “us,” or “our”) governing your use of RecyclingBalers.com (the “Site”), which is owned and operated by the Company, and any related services, products, aspects, functions, content and derivatives available at or by way of the Site (the “Services”).
The Services consists of (i) an online lead generation marketplace connecting buyers (“Buyers”) to Sellers and exclusive Dealers (as defined below) with respect to equipment used in the waste and recycling industries; and (ii) tools which allow users to compare and evaluate specifications of such equipment. While we may help facilitate leads for the sale of equipment through our Services, Company has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or Listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.
Age Restriction. The Services are restricted for use by any persons under the age of 13 or for any users previously removed from the Site by Company. Before using the Services, you affirm that you are either eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with these Terms.
Mobile Access. The Site is accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your access of the Site via the Mobile Services is hereby an acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier; not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
License. Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site, and any software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by these Terms. You may not reverse engineer, decompile or disassemble the Site or attempt to gain access to the source code for the Site, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
Company Trademarks; Copyrights. The Site is protected by trademark, copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Recycling Balers, Inc, name, or any of its affiliates’ trademarks, logos, domain names, and other distinctive brand features or copyrighted material displayed on the Site, or elsewhere as provided by the Services. All right, title, and interest in and to the Services (excluding Dealer Content provided by Dealers, Manufacturer Data and Content, and Seller Content, each as further described below) are and will remain the exclusive property of Company and its licensors. Any feedback, comments, or suggestions you may provide regarding Company, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Account Creation. In order to access the full benefits of the Site, you will have to create an account on the Site. You will receive a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Paid Services; Subscriptions. Company may charge you fees for certain products or services offered for sale through the Site. Certain Site products and services are available only through the purchase of a membership subscription (“Paid Services”). In order to use any Paid Services, you agree to purchase a membership subscription (“Subscription”) by paying Company the applicable Subscription fees as stated on the Site. Please go to the Site for details regarding the different Subscription types and the benefits associated with each, which are subject to change. Subscriptions, at your option, may be billed either monthly or once annually. Your Subscription will begin the day your Subscription fee is paid and continue for the full term of your purchased Subscription. Listings only remain public for the duration of your designated Subscription.
Payment. You agree to pay your Subscription fees and charges using a valid credit or debit card or other acceptable payment method, to access the Paid Services. Payment can be effectuated using Company’s third party payment gateway (Stripe), and all terms of such transaction shall be expressly subject to such third party’s terms and conditions. Company reserves the right to increase fees and surcharges, including Subscription fees for Paid Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your Account Settings. Notwithstanding the foregoing, if you purchase a Subscription on an annual basis, your rate remains in effect throughout Subscription year, and is subject to increase only for subsequent Subscription years. If you purchase a Subscription on a monthly basis, the rate for that Subscription is subject to change at any time for subsequent months, effective upon your next Subscription purchase, with or without prior notice to you. Company may collect applicable sales and/or use tax on sales of your Subscription and remit those taxes to the appropriate state or local jurisdiction.
Cancellation of Subscription. Your Subscription will automatically cancel at the end of your designated Subscription Period (For example, 4, 8, or 12 week listings). You may also take down your listing before the end of your Subscription by visiting your Account settings on the Site. Taking down a Listing prior to the end of your Subscription will not result in any partial reimbursement of your Subscription fee.
In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including any messaging, data and other rates and fees applied by your mobile communications carrier for use of the Service.
For purposes of identification and billing, you agree to provide Company with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription ("Registration Data"). Registration Data may include your name, address, telephone number(s), email address and applicable credit or debit card or other payment method data (e.g., payment card number and expiration date). You may check your "My Account" page to determine whether your Registration Data is current and accurate. You may update your Registration Data at any time through the My Account feature by clicking the My Account link located at the top of the Site home page and logging in with your username and password. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Company's option, result in immediate suspension or termination of your right to use our Site, including the Paid Services.
You agree to promptly update your Registration Data in your "Account Settings" page if you know of or suspect unauthorized use of your Subscription or other product or service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your credit or debit card or other payment method information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your Subscription or other product or service until you update your Registration Data. If your credit or debit card expires, is canceled, is lost or is subject to use without your authorization, or if your Paid Service or other Site service is subject to use without your authorization, go to your "Account Settings" page to update your Registration Data or contact Member Services, via telephone using our General Number available on the Site, or for a faster response time, via email at [email protected].
Third Party Content; Ads. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Sellers or Dealers (as defined below).
Sellers; Listings. All users of the Services who list their equipment for sale on the Site are collectively referred to herein as “Sellers.” The Site enables Sellers to create, transmit, and publish listings (“Listings”) on or by way of the Site, which is publicly available for viewing. Publishing a Listing is a Paid Service and requires a Subscription.
Sellers Conditions. As a Seller you are responsible for the accuracy and content of the Listing and item offered. Your Listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Listings will last on the Site for the duration of your Subscription, unless you cancel the Listing first. Content of any Listing that violates any of Company’s policies may be modified, obfuscated or deleted at Company's discretion. We strive to create a marketplace where Buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
Buyer's location, search query, browsing site, and history;
item's location, Listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
Seller's history, including Listing practices, Seller Ratings, Company policy compliance, and Feedback; and
number of listings matching the Buyer's query.
To drive a positive user experience, a Listing may not appear in some search and browse results regardless of the sort order chosen by the Buyer. Metatags and URL links that are included in a Listing may be removed or altered so as to not affect third-party search engine results.
No Seller Listing Content Screening; No Guarantees. The Company offers Sellers the ability to freely Post Listings to the Site, which may include text, photos, links, or other information related or unrelated to the equipment being sold. While the Company endeavors for all Listings to be accurate and in compliance with all applicable laws, you understand, agree and acknowledge that the Company does not pre-screen any Listing’s content submitted or publicly posted by any Seller, nor does Company guarantee any results – leads, sales, or otherwise – from any Listings or your use of the Services.
Company’s Rights. Notwithstanding the foregoing, Company reserves and has the right, but not the obligation, to delete, disallow, or temporarily block any Listing that (i) we consider to be in violation of these Terms, or any applicable law, or (ii) in response to any complaint(s) from other users, with or without notice and without any liability to you. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any Listing, and any use or reliance by you on any Listing is at your own risk and Company shall not be held liable for any such Listing or any purchase made as a result therefrom, under any circumstances.
Seller Ratings. We want Sellers and their Listings to be as reliable and accurate as possible for Buyers. To facilitate this goal, we assign ratings to every Seller. You can find the best and most reputable Sellers on the Site by looking at their Seller rating, feedback score, and the number of items they’ve sold. When you buy an item on the Site, you can rate your experience with the Seller. The ratings you give are then added to the Seller's overall feedback, and detailed Seller rating scores. You can view a Seller's feedback score on their listings beneath their username – it's displayed as a percentage. If a Seller has a score of 99.5%, it means that 99.5% of the Buyers who left feedback for that Seller had a positive experience.
Using the Services. In connection with using or accessing the Services, you will not:
breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Site, Services, or tools;
fail to deliver on any agreed upon terms reached in a Listing Transaction (as defined below);
manipulate the Listing price of any item or interfere with any other Seller's Listings;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems; transfer your Subscription (including Seller Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm the Site or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with our prior express permission; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any of our Services tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to us. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to us or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
harvest or otherwise collect information about users without their consent;
use the Services for any illegal or unlawful purpose, including, without limitation, stalking or sexually exploiting any user;
or circumvent any technical measures used to provide the Services;
Waiver of Rights to Inspect or Review Seller’s Listing. By posting a Listing to the Site, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Listing. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Listing, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Listing you Post to the Site.
Company does not broker any sales of products from Listings. Company provides Sellers with a personalized (anonymous) VoIP line for connecting with interested Buyers and Buyer and Seller are solely responsible for discussing the details of the Listing, terms and all terms of sale, including, without limitation, purchase price. Buyers are solely responsible for using their own discretion in making a commitment to purchase a product from a Seller or Dealer.
If Buyer and Seller agree to a sale, or other transaction, both parties expressly acknowledge that we do not transfer legal ownership of items from the Seller to the Buyer, nor are we involved in any way whatsoever with the actual handling or exchange of any payment involved in such transaction. For the sake of clarity, we only generate leads - all aspects of any transactions, including sales, trades, or otherwise, are completely outside the scope of our control.
Sellers (and Dealers) are solely responsible for ensuring successful delivery of any equipment sold to its respective Buyer.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Company, our assignees, our sub-licensees, and their assignees in connection with our, those assignees’, and those sub-licensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Company takes no responsibility and assumes no liability for any content provided by you or any third party.
Product Data. We offer product data (including images, descriptions and specifications) that come directly from the maufacturers’ websites. You may use that content in your Listings or for evaluation purposes to compare certain manufacturers products. We may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings.
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Company is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies or any other issues related to the terms and conditions of any sale. As a Seller, you agree to ensure that content directly associated with your listings is accurate. As a Buyer, you agree that you are solely responsible for verifying the accuracy of any information contained in any listing, including, without limitation, abiding by the terms and conditions of any sale, which shall be at your own risk.
No Affiliation With Manufacturers. By displaying certain manufacturers and/or their respective products on the Site, or allowing Sellers and/or Dealers to list certain manufacturers and/or their respective products as Listings through the Services, we, including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees, do not in any way claim ownership in, affiliation with, or endorsement from such manufacturers or their respective products.
Errors In Manufacturer/Product Data. We strive to ensure that all information available via our Site and Services is accurate with respect to any manufacturers and product descriptions, however we do not review any Content made on or through the Site. If we happen to find, or are alerted to an error, we will correct it as quickly as possible. If you notice what you believe to be an error contained in any Listing, or other Services related content, please notify us by sending an e-mail to [email protected].
A “Dealer” is a Seller whom Company has granted the exclusive right to all Buyer Leads for a specific territory for new equipment. Only Company may approve a Seller as a Dealer. If approved (an “Exclusive Dealer”), a Seller must fully execute a Dealer Support Agreement with Company, which details all pertinent terms of the Exclusive Dealer relationship. Exclusive Dealers may also sell used equipment, but exclusivity of Leads only pertains to new equipment.
As further detailed in the Dealer Support Agreement, Dealers’ Services are Paid Services and Dealers must pay an annual Subscription fee with will automatically renew every year. Company will send Dealers a text/email reminder of their auto-renewal one (1) week prior to auto-renewal becoming effective. No refunds will be given for any Subscriptions which are cancelled early. Dealer must notify Company at any time prior to auto-renewal to indicate cancellation of the Subscription. Listings are unlimited with an annual Dealer Subscription, whether exclusive or not.
Dealers have the right to sell used equipment without entering into a Dealer Support Agreement, provided that Dealers don’t have the right to exclusive leads for new equipment unless approved as an Exclusive Dealer and in such case, leads only pertain to new equipment.
Dealers who are not approved as Exclusive Dealers are treated as Sellers for Listings of used equipment and must agree to and abide by the same terms of a Seller as indicated above.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Listing updates and other notification functionality on the Site may not occur in real time. Such functionality is subject to delays beyond Company's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to, or damage to your hardware device from the use of, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of these Terms;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above;
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; or
engaging in a Listing Transaction, which you agree to do at your own discretion.
IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE COMPANY-RELATED SERVICES GIVING RISE TO THE CLAIM.
Company may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Company or its agents for quality control and training purposes, or for its own protection.
Company’s automated VoIP systems record every call made between users during a Listing Transaction. Company may store Listing Transaction recordings and the contents at any time to detect for fraudulent activity, or violations of these Terms. Company also reserves the right to submit the contents of any Listing Transaction to any legal authorities in accordance with applicable law. By using the Services and a conducting a Listing Transaction, you acknowledge that you are, and consent to, being recorded.
Reporting Claimed Infringement. We respect the intellectual property rights of others, and we expect that our community of Users will do the same. Users are thus expressly forbidden from posting any Contributor Content that violates someone else’s intellectual property rights, including, without limitation, copyright, and other proprietary rights. If you are a copyright owner or a copyright owner’s agent and believe that any Contributor Content infringes upon your copyrights, you may submit a “Notification of Claimed Infringement” pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material, as follows:
Date of Posting
Time of Posting
Content Page URL (if available)
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Designated Copyright Agent. Our designated Copyright Agent for notice of alleged copyright infringement appearing on the Service can be contacted at:
Via U.S. Mail: Copyright Agent – Recycling Balers, Inc, c/o AltView Law Group, LLP – 12100 Wilshire Blvd., Suite 800, Los Angeles, CA 90025
Via Email: [email protected]
Company Action. We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the foregoing requirements, your Notice may be invalid. We reserve the right to remove Contributor Content alleged to be infringing without prior notice to you and at our sole discretion. In appropriate circumstances, such as in cases of repeat infringement, we also reserve the right to suspend or terminate the infringing Contributor’s Account in our sole discretion.
Repeat Infringer Policy. The Company’s intellectual property policy is to (i) remove or disable access to material that the Company believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any Contributor Content uploaded to the Site or through the Service by “repeat infringers.” The Company considers a “repeat infringer” to be any Contributor who has uploaded Contributor Content to the Site or through the Service and for whom the Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such Contributor Content. The Company has discretion, however, to terminate the Account of any Contributor after receipt of a single notification of claimed infringement or upon the Company’s own determination.
Counter Notification. If you receive a notification from the Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Company with a “Counter Notification” which, to be effective must be provided, in writing, to the Company’s Designated Agent via one of the methods identified in Section 5.II above, and must include substantially the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We advise you to consult with a lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Reposting of Contributor Content Subject to a Counter Notification. If you submit a Counter Notification to the Company in response to a Notification of Claimed Infringement, then the Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that the Company will replace the removed Contributor Content or cease disabling access to it in ten (10) business days, and the Company will replace the removed Contributor Content and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, unless the Company’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the Contributor from engaging in infringing activity relating to the material on the Company’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act (17 U.S.C. § 512(f)) provides, in pertinent part:
“[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED
You and Company agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Company (including any claim or dispute between you and a third-party agent of Company) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Company or its agents, or any products or services sold or purchased through the use of the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in this User Agreement.
Mandatory Arbitration. Please read this carefully. It affects your rights. THE COMPANY (AND ITS RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS), YOU AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by a reputable courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to the Company, to you via any other method available to the Company, including via e-mail. The Notice to the Company should be addressed to: Recycling Balers, Inc, – 7440 S. Blackhawk St., Ste. 8-204 Englewood, CO 80112; with a copy sent to: AltView Law Group, LLP – 12100 Wilshire Blvd., Suite 800, Los Angeles, CA 90025, Attn: Jason W. Brooks, Esq. ([email protected]) (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and the Company do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY JAMS (“JAMS”) IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”). The Jams Rules and JAMS forms are available at www.jamsadr.com.
Arbitration Proceeding. The arbitration will be conducted in English. A single independent and impartial arbitrator with his or her primary place of business in Arapahoe County, Colorado will be appointed pursuant to the Jams Rules, as modified herein. You and the Company agree the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Equitable Relief; No Injunctive Relief. The foregoing provisions of this Dispute Resolution Section do not apply to any claim in which either party seeks equitable relief to protect such party’s intellectual property, including copyrights, trademarks, or patents. You acknowledge that, in the event the Company or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against the Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and the Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms, or the Service, excluding a claim for indemnification, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. All claims you bring against the Company must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution Section, the Company may recover attorneys’ fees and costs up to five thousand dollars ($5,000), provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Terms Modifications. In the event that the Company makes any future change to the Mandatory Arbitration provision (other than a change to the Company’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Company’s Arbitration Notice Address, in which case your Account and your license to use the Service hereunder will terminate immediately. This Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents)(collectively, the “Company Parties”) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of the Services or your breach of any law or the rights of a third party.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any Buyer, Seller or Dealer, or their affiliates, is directly between you and such third party, and you irrevocably release the Company Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on the Site.
Except as expressly agreed by the Company and you, these Terms constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. Section Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
Changes To These Terms. You understand and agree that the Company may change these Terms at any time in its sole discretion without prior notice, provided that the Company will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised version of these Terms that you may be required to accept in order to continue using the Services. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Site. The revised Terms will become effective at the time of posting. Any use of the Services after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Site. These Terms, as they may be amended, will govern any updates the Company provides to you that replace and/or supplement any portion of the Site, unless such update is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the effective date of such revision.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
This User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Company, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Third Disputes, and Miscellaneous.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
Contact: If you have any questions or comments about these Terms or your use of the Services, please contact us at [email protected]
Last Update: May 17, 2019