Please read carefully the entire Terms before using the Platforms. The Terms describe your rights and responsibilities and the conditions under which the Platforms can be used. The Terms include such things as disclaimers, a Privacy Policy, provisions about intellectual property, and legal notices. We provide the Platforms subject to the Terms.

Read and Agreed

You represent that you have read and agree to abide by the Terms for the Platforms, as well as any other terms, disclaimers or policies set forth on the Platforms.

By your use, continued use, browsing or viewing of any of the Platforms, or your use of any of the services that may be available through any of the Platforms, you agree to these Terms. The Terms represent binding commitments by you to us. If you do not accept and agree with all of the Terms without modification by you, do not use the Platforms, and you are not authorized to access or use the Platforms for any purpose.

If you are using the Platforms on behalf of your company or anyone else for whom you are acting, the Terms are binding upon both you and your company and anyone else for whom you are acting. “You” and “your” refer to you and your company or anyone else for whom you are acting.

Modifications to Terms

We reserve the right to modify at any time, without giving you prior notice, the Terms, as well as any other terms, disclaimers or policies set forth on the Platforms. Your use or continued use of the Platforms following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Terms, as well as any other terms, notices, disclaimers and policies set forth on any of the Platforms whenever you use the Platforms. If you no longer agree to be bound by these Terms, you must cease use of the Platforms. These Terms are effective even if your use or access to the Platforms is terminated by you or us.

Discontinuation

We may change, suspend or discontinue any aspect of any of the Platforms at any time, including without limitation, the availability of any feature, database or content. We may also impose limits on certain features and services or restrict access to parts of or all of any Platforms without notice or liability.

Please review the Privacy Policy. The Privacy Policy is part of these Terms and also governs your use of the Platforms.

The Platforms are not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your data submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. For additional information about our privacy practices please see our Privacy Policy.

As used herein, a “User” means anyone who browses and views any of the Platforms, whether or not such person creates an account. We reserve the right to modify any features of this access to the Platforms or other services at any time.  

Your Account/Logins

You may have the opportunity to create and/or access a user account for one or more of the Platforms. Through that user account, you may be able to utilize certain services. Your access to that user account or to certain features or services on the Platforms may be protected by passwords or require a login. Further, for authentication purposes, certain features on the Platforms may require you to answer one or more designated security questions and/or change password(s), from time to time. We will treat information that you submit, through the Platforms, and data you allow to be transmitted to the Platforms or any system of ours, in accordance with our Privacy Policy, which is incorporated by reference in these Terms. You agree to provide us with current, updated, complete and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or to attempt to obtain unauthorized access to such parts or features on the Platforms, or to any other protected materials or information, through any means not intentionally made available to you by us. You agree not to use, when subscribing or at any other time on the Platforms, any aliases or pseudonyms or to provide any false or out of date information about yourself. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name of any person other than yourself without authorization; or (iii) use a screen name that we, in our sole discretion, deem offensive or inappropriate.

To the extent that you are permitted to create one or more user accounts for your company and anyone else for whom you are acting, you represent that you have authority to do so, and you will not use such a user account beyond the scope permitted.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on the Platforms, and for logging off your account and any protected areas of the Platforms. Further, you are fully responsible for all activities that may result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures. You agree to contact us immediately if you become aware of any suspicious, suspected or unauthorized use or conduct concerning your account(s), user name(s), email address(es), logins, passwords, and security questions and answers, including loss, theft or unauthorized disclosure of your password. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. You are responsible for all usage or activity on or through your account, including the use of your account by any third party, whether or not authorized by you to use it. Any fraudulent, abusive, or otherwise illegal activity is a violation of these Terms and may be grounds for termination, at our sole discretion, and the person committing such activity may be referred to appropriate law enforcement agencies.

Information provided to you through the Platforms may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal information or personal financial information, and you consent to such transmission(s).

By creating an account, you consent to receive email, SMS and other notifications. You are fully responsible for all activities, including orders, requests, and transmission of information or data, performed through your account.

User Information

In the course of your creation of an account or other use of the Platforms, you may provide or you may be asked to provide certain personal information about yourself (“User Information”). We will treat any such User Information that you submit through the Platforms in accordance with our Privacy Policy, which is incorporated herein by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.  Please keep in mind that whenever you voluntarily disclose personal information online – for example, through email, discussion lists, or elsewhere – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for determining whether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible whenever you are online.

Content

All content and data on the Platforms (“Content”) provided by us, or by any affiliate or vendor of ours, the Platforms themselves, Trademarks (defined below), blogs, text, photographs, images, logos, graphics, artwork, icons, characters, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the design, layout, look and appearance of the Platforms (overall and in part) and other material, whether in the form shown on the Platforms or in other forms, media, technologies existing now or hereinafter developed is known herein as “Our Content.” Our Content also includes the code and scripts in any format used to implement the Platforms.

Trademarks

Our “Trademarks” include, without limitation: The Recycling Partnership, the composite logo of The Recycling Partnership, Pathway to Circularity, Circular Packaging Assessment, the Recycling Program Solutions Hub, the Policy Readiness Knowledge Hub, and any composite logo of any of the Platforms. These and other brands that have been or may be adopted by us are known in these Terms as the “Trademarks.” You agree that we own the Trademarks and that you will not use the Trademarks in any way without our permission, including, but not limited to, in any way that is likely to cause confusion with or to dilute our uses or rights. By accessing or using in any way the Platforms, you do not and will not acquire any ownership or usage rights in the Trademarks.

Ownership of Our Content

All of Our Content published on the Platforms is, or may be, protected by copyright, trademark or other laws, and is owned, licensed or controlled by us. Third Party Content (defined below) may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Platforms. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to or of the Content.

Protection

The Platforms and Our Content are, or may be, protected as and by copyrights, trademarks, patents or other proprietary rights and laws. The Platforms and our systems for the Platforms are copyrighted as one or more collective works and/or compilations pursuant to U.S. copyright laws, international conventions, and other copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of the Platforms and Our Content. Except as expressly allowed by the Platforms as part of the normal functioning of the Platforms, you may not copy, use, modify, publish, republish, download, post, transmit, remove, delete, enter into a database, augment, add to, reproduce, create derivative works from, distribute, distribute over a network or as a service bureau, perform, display, transmit, frame, stream, market, participate in the transfer or sale, lease or rental of, or in any way exploit, any of the Platforms and Our Content, in whole or in part, without our express prior written consent. Neither title nor intellectual property rights are transferred or granted to you by access to the Platforms.

Third Party Content

The Platforms may include certain information provided by third parties (“Third Party Content”), some of which we may display pursuant to license, permission or other legal authorization, such as fair use. Neither we nor the provider of Third Party Content shall have any liability for any errors or delays in the substance, content, provision, or availability of Third Party Content, or for any actions taken in reliance thereon. Third Party Content may also be protected by copyright or other laws, and owned or controlled by a Third Party, who may or may not be credited as the owner, author or provider of the Third Party Content.

No Duty to Police or Check

We undertake no duty or obligation to police, monitor, review or verify any aspect of user submitted materials or Third Party Content. If you believe that you, your rights, intellectual property rights, or copyrights have been infringed, violated or defamed by Third Party Content or from anything on the Platforms, please contact us. We undertake no duty to comply with your request, but we have no tolerance for copyright infringement, libelous statements or other actions to violate rights.

Reporting Copyright Infringement

We respect the intellectual property rights of others and require that the people who use the Platforms do the same. If you believe that your work has been improperly copied on the Platforms or by us in a way that constitutes copyright infringement, please contact us pursuant to the Notices section below.

Integrity of the Platforms

The Platforms have been specially designed for presentation of content in a unique format and appearance. We are concerned about the integrity of the Platforms when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the Platforms. Without limiting other provisions of these Terms, neither you nor any third party shall make use of any Platforms or Content in any manner that constitutes an infringement or violation of our rights, including copyright, or that has not been authorized by us.

Copyright Notice

Copyright 2023 The Recycling Partnership, Inc. All rights reserved.

Copyright Management Information

You agree that you will not remove, change or obscure any copyright or other notices for the Platforms, Content or anything from or involved with the Platforms.

Your Use of the Platforms

Your use of the Platforms must only be in legal fashion, for lawful purposes only, and in accordance with the Terms. Your use of the Platforms must be for your own use or for your usage as a representative of your company or person or company for whom you are acting. Unauthorized use of the Platforms may give rise to a claim for damages and/or be a criminal offense. You acknowledge that your unauthorized use, misuse, unlawful or unlicensed use of any part of the Platforms will result in immediate and irreparable harm of a type that may not be calculable by damages or for which monetary damages may be inadequate, and that the Partnership will be entitled to, among other remedies, immediate injunctive relief against you and that a bond need not and should not be posted concerning such relief.  You acknowledge that we have no obligation to monitor any aspect of the Platforms or the Content, and we assume no such obligation. We, however, reserve the right to monitor use of the Platforms to determine compliance with these Terms. We also reserve the right to refuse to post, to modify, or to remove, in whole or in part, any user submitted materials, content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of these Terms or otherwise should be removed, modified or not posted for any reason or no reason at all. We may also suspend, terminate and/or block anyone’s use of the Platforms, or any aspect of the Platforms, at any time in our sole discretion, for any reason or no reason at all. You may not copy or otherwise use automated means, robots, spiders or screen scrapers to copy or gather any data or information from the Platforms.

Without limitation of any other portion of these Terms, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Platforms, use of the Platforms or access to the Platforms. You also agree not to access the Platforms by any means other than through the interface that is provided by us for use in accessing the Platforms.  We may electronically monitor areas of the Platforms, and disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or legal request or demand or (ii) to protect our rights or property or the rights of users, or our employees, members, directors, officers, agents, affiliates, vendors, or licensors.  

Links

You may not create a link to this website from another website or document without our prior written consent. From time to time, the Platforms may also include links to other websites. These links are provided for your convenience to provide further information and for you to access at your own risk. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s), and we disclaim all warranties and responsibilities for linked website(s), and for their accuracy, availability or completeness. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to linked websites and Third Party Content.

No Warranties from Us concerning the Platforms or Content

The Platforms and Content are provided “as is” and without any warranties or any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition, or non-infringement. Additional disclaimers are set forth below.

The Platforms

The Platforms and the information from the Platforms are provided for general informational, educational and illustrative purposes only and may not apply to specific circumstances. We and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the Platforms or its accuracy, adequacy, validity, reliability, availability or completeness of any information from the Platforms, and we expressly disclaim any and all warranties, express or implied, concerning such things, including any warranties of fitness for a particular purpose, merchantability, title, condition, non-infringement, or accuracy. The information in the Platforms does not constitute legal or regulatory advice and we disclaim all liability with respect to the Platforms. Errors and omissions may occur. Under no circumstance shall we, or our affiliates and vendors, have any liability for any loss or damage of any kind incurred as a result of use of the Platforms or reliance on any information provided from the Platforms. Use of the Platforms and any reliance on any information from the Platforms is solely at your own risk and is not a substitute for qualified professional training, experience and/or advice. We reserve the right to make changes to the Platforms at any time and without notice.

Disclaimers Specific to The PRK Hub, Curriculum and Information within the PRK Hub, and Third Party Studies

The PRK Hub is intended to assist with learning about the core themes of EPR legislation to inform effective strategic responses, learning about what is to be decided and detailed timelines of each applicable state’s EPR legislation, and assessment of risks and preparation for operational and financial impacts when state EPR legislation is effective. The curriculum and information set out in the PRK Hub are solely for general informational, educational and illustrative purposes, are not legal or regulatory advice, and do not reflect a preference by us or our affiliates or vendors for or against any particular material. We and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the PRK Hub, curriculum, information or results provided through the PRK Hub, or their accuracy, adequacy, validity, reliability, availability or completeness of any such results. We and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding third party studies cited.

Disclaimers Specific to the CPA, Information Results from the CPA, and Third Party Guidance

Information results from the CPA are intended to assist with conducting strategic exercises and decision making related to analyzing and prioritizing actions that improve packaging design for recyclability and support recyclability in the U.S. recycling system. The information results set out in the CPA are solely for general information and illustrative purposes. The Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the CPA or information results set out in the CPA, or their accuracy, adequacy, validity, reliability, availability or completeness of any such results. The Recycling Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding third party guidance cited.

Disclaimers Specific to RPS Hub, Information and Resources from the RPS Hub, and Third Party Guidance

The RPS Hub is intended to assist recycling program leaders and communities with tracking recycling program data and improving their recycling programs. The information and resources set out in the RPS Hub are solely for general information and illustrative purposes. The Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the RPS Hub or information set out in the RPS Hub, or their accuracy, adequacy, validity, reliability, availability or completeness of any such information or resources. The Recycling Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding any third party guidance cited.

FURTHER DISCLAIMERS & LIMITATIONS ON LIABILITY

DISCLAIMER. YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS AND OUR CONTENT ARE EACH PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS, AND WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIRD PARTY CONTENT AND USER SUBMITTED MATERIALS ARE PROVIDED BY OTHERS, WHO MAY OR MAY NOT MAKE OTHER PROMISES, GUARANTEES OR WARRANTIES, AND WE ARE NOT RESPONSIBLE FOR ANY SUCH THINGS. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE PLATFORMS, CONTENT, INFORMATION, SERVICES OR OTHER MATERIALS AVAILABLE THROUGH THE PLATFORMS. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR SUBSTANCE OF THE CONTENT OR OTHER SERVICES THAT MAY BE CONNECTED TO OR ASSOCIATED WITH THE PLATFORMS. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, SUITABILITY, NON-INFRINGEMENT, AND CONDITION. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PLATFORMS WILL BE UNINTERRUPTED, OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT DEFECTS WILL BE CORRECTED, THAT NO VIRUSES WILL BE TRANSMITTED ON THE PLATFORMS , OR THAT THE PLATFORMS OR A SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT, SERVICES OR PRODUCTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT, SERVICES AND PRODUCTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE PLATFORMS OR THE CONTENT. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH THINGS. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY CONTENT OR THROUGH THE PLATFORMS SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE PLATFORMS, PRODUCTS, SERVICES, OR ANY CONTENT OR FUNCTION OF THE PLATFORMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORMS. WE DO NOT ENDORSE ANY OF THE THIRD PARTY CONTENT AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF SUCH THIRD PARTY CONTENT.

THE PLATFORMS AND INFORMATION CONTAINED ON THE PLATFORMS  IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. IT IS NOT INTENDED AS, AND YOU SHOULD NOT CONSTRUE IT AS ANY OF THE FOLLOWING: INVESTMENT, TAX, ACCOUNTING, REGULATORY, BUSINESS OR OPERATIONAL OR LEGAL ADVICE; AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY STOCK, COMPANY, SECURITY, FUND OR INVESTMENT; OR AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL ANY STOCK, COMPANY, SECURITY, FUND OR INVESTMENT. IT IS NOT A SUBSTITUTE FOR OBTAINING PROFESSIONAL ADVICE FROM A QUALIFIED PERSON, FIRM OR CORPORATION FAMILIAR WITH YOUR PERSONAL SITUATION, NEEDS, OBJECTIVES AND CIRCUMSTANCES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATIONS OF ANY SPECIFIC SECURITY, REPORT, OPINION, ADVICE OR OTHER CONTENT.

Without limiting other provisions of these Terms, we are not responsible for poor connectivity or services caused by transmission errors, improper tag usage, outside interference, improper set up or network issues. Without limiting other provisions of these Terms, we are not responsible for the upkeep and maintenance of your hardware, including your network to connect to the Platforms.

Goods or services neither manufactured nor rendered by us are the sole responsibility of the manufacturer or provider of those goods or services. We disclaim all warranties and responsibility for those goods and services.

Not Professional Advice

Content on the Platforms is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, regulatory, financial or risk management), please contact a professional licensed by an appropriate governmental body.

Timeliness

The information on the Platforms, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on the Platforms, and we do not undertake any obligation to update such information after it is posted or to remove such information from the Platforms if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use the Platforms in the same manner as any other educational medium and should not rely on the Platforms to the exclusion of their own professional judgment. Information obtained by using the Platforms is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Your Requirements

It shall be your own responsibility to ensure that any services or information available through the Platforms meet your specific requirements. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and all internet access services needed for access to and use of the Platforms, and you are responsible for all charges related thereto.

Corrections

We reserve the right to correct any errors or omissions on the Platforms. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Platforms, we do not guarantee or warrant that any of the Platforms or materials that may be downloaded from the Platforms do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Platforms and any materials available through the Platforms, you do so solely at your own risk.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, LICENSORS, SERVICE PROVIDERS, VENDORS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE PLATFORMS, THE CONTENT, OR ANY MATERIALS AND/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORMS, OR INFORMATION AVAILABLE ON THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER WHETHER THE ALLEGED LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND VENDORS, THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” WITHOUT LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS BY YOU OR ANY USE OF THE PLATFORMS OR SERVICES; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSE BY YOUR USE OR MISUSE OF THE PLATFORMS OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH THE PLATFORMS, CONTENT, SERVICES OR PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

WE MAKE NO REPRESENTATION THAT THE PLATFORMS OR CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS APPLICABLE, INCLUDING THOSE APPLICABLE WHERE YOU ARE, AND INCLUDING ALL IMPORT AND EXPORT REGULATIONS AND LAWS.

You Assume the Risk

To the extent permitted by law, you assume the risk of all use of the Platforms, and the Content. As set forth below in these Terms, you release us from all liability and you will indemnify and defend us.

Breaches of Security

To the extent permitted by law, we are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive User Information.

Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, parents, licensors, vendors, content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, members, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or done at your direction or request or from any illegal conduct by you, including, without limitation, any use of  the Platforms, or any Content other than as expressly authorized in these Terms or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing a user submitted material or violating any of these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.

Class Action Waiver

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

No Obligation to Participate in Disputes Between Users or Third Parties

If there is a dispute between users of the Platforms, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you release us, our subsidiaries, and affiliates and each of their officers, employees, shareholders, members, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platforms.

Antitrust

You acknowledge that you may be subject to various antitrust rules. If applicable, the essential requirement of such rules with respect to the Platforms is that you may not use the Platforms in a manner that violates one or more antitrust laws, regulations and/or rules, including how you may compete in the marketplace and/or use the Platforms in manner that violates antitrust laws, regulations and/or rules particularly with respect to prices and factors that affect prices, but also disaggregated costs, customers, products offered, strategic or business plans, and projections.

Applicable Laws

We control and operate the Platforms from our offices in the United States of America, and the Platforms are not intended to subject us to the laws or jurisdictions of any state, country or territory other than that of the United States. We do not represent that materials or Content on the Platforms are appropriate or available for use in other locations. Persons who choose to access the Platforms from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You and we agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the State of North Carolina. You and we agree to submit to the personal jurisdiction of the courts located within the State of North Carolina and waive any defenses to the assertion of jurisdiction by or venue in these courts, and you consent to extra-territorial service of process. To the extent allowed by law, you agree that the exclusive jurisdiction for any cause of action that may arise under the Terms or that may relate to the Platforms shall be an appropriate court, federal or state, in North Carolina. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of the Platforms or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  

Drafting

These Terms shall be interpreted according to their express terms, with no presumptions against the drafting party. The headings used in these Terms are for convenience only, do not constitute a part of the Terms, and will not be deemed to limit the Terms.

Legal Subpoenas

We may disclose User Information and other user submitted content if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Platforms; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Parental Control

You are notified, pursuant to 47 U.S.C. section 230(d), that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is or has been available at the websites of the Electronic Frontier Foundation (http://www.eff.org).

Severability and Integration

Unless otherwise specified herein and unless additional provisions apply to the specific purchases or activities at issue, these Terms constitute the entire agreement between you and us with respect to the Platforms and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Platforms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.