Website Usage Policy
Last Modified: November 1, 2011
The Evolve Recycling Program (the "Services") is an online information and communications
service provided by Global Re-Source Funding ("GRF"), subject to
your compliance with the terms and conditions set forth below including, all exhibits
hereto.
Evolve Recycling logo designs are registered trademarks
of Evolve Recycling in the United States and other countries. Other marks that appear on this
Web site may be marks of third parties that are not affiliated with Evolve Recycling. Evolve Recycling and
its affiliates do not control or endorse the content of third party Websites.
Please read this Agreement carefully before accessing or using the Service. By accessing
or using the Service, you agree to be bound by the terms and conditions set forth
below. If you do not wish to be bound by these terms and conditions, you may not
access or use the Service. Evolve Recycling may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified Agreement. You agree
to review the Agreement periodically to be aware of such modifications and your
continued access or use of the Service shall be deemed your conclusive acceptance
of the modified Agreement.
- Operating Policies
You agree to comply with the Operating Policies set forth below (as they may
be amended by Evolve Recycling from time to time), which are the rules that govern your activity
in connection with the Service. Evolve Recycling has the right but not the obligation to remove
any communications and materials that Evolve Recycling believes in its sole discretion violate
the Operating Policies.
- Use of the Service
You understand that, except for information, products or services clearly identified
as being supplied by Evolve Recycling, Evolve Recycling does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Evolve Recycling-identified information,
products or services, all information, products and services offered through the
Service or on the Internet generally are offered by third parties that are not affiliated
with Evolve Recycling. You also understand that Evolve Recycling cannot and does not guarantee or warrant
that files available for downloading through the Service will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and output, and
for maintaining a means external to the Service for the reconstruction of any lost
data. You assume total responsibility and risk for your use of the Service and the
Internet. Evolve Recycling does not make any express or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of title or non-infringement,
or the implied warranties of merchantability or fitness for a particular purpose)
with regard to the Service, any merchandise, information or service provided through
the Service or on the Internet generally, and Evolve Recycling shall not be liable for any cost
or damage arising either directly or indirectly from any such transaction. It is
solely your responsibility to evaluate the accuracy, completeness and usefulness
of all opinions, advice, services, merchandise and other information provided through
the Service or on the Internet generally. Evolve Recycling does not warrant that the Service
will be uninterrupted or error-free or that defects in the Service will be corrected.
The Service and any software made available on the Service are provided on an "as
is, as available" basis.
You understand further that the Internet contains unedited materials some of that
are sexually explicit or may be offensive to you. You access such materials at your
risk. Evolve Recycling has no control over and accepts no responsibility whatsoever for such
materials.
In no event will Evolve Recycling be liable for (I) any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the use of or inability
to use the Service, or any information, or transactions provided on the Service
or downloaded or hyperlinked from the Service, even if Evolve Recycling or its authorized representatives
have been advised of the possibility of such damages, or (II) any claim attributable
to errors, omissions, or other inaccuracies in the Service and/or materials or information
downloaded through, or hyperlinked from, the Service. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. In such states, Evolve Recycling's liability is limited
to the greatest extent permitted by law.
You understand that Evolve Recycling will not return any products shipped through this program,
whether or not they are found on the Price List.
- Indemnification
You agree to indemnify, defend and hold harmless Evolve Recycling, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement by you.
- Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Evolve Recycling and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
- Termination
Either party without notice may terminate this Agreement at any time for any reason;
provided that you may no longer use the Service after you have terminated this Agreement.
The provisions of paragraphs, 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
- Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of
the State of California applicable to agreements made and to be performed in California.
You agree that any legal action or proceeding between Evolve Recycling and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in California.
Any cause of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Evolve Recycling's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. Evolve Recycling may assign its rights and duties
under this Agreement to any party at any time without notice to you.