.
Recycle4Charity

Website Usage Policy

Last Modified: February 10, 2009

The Recycle4Fundraising.com Program (the "Services") is an online information and communications service provided by Recycle4Fundraising ("R4F"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.

Recycle4Fundraising.com logo designs are registered trademarks of R4F 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 R4F. R4F 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. R4F 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.

  1. Operating Policies
    You agree to comply with the Operating Policies set forth below (as they may be amended by R4F from time to time), which are the rules that govern your activity in connection with the Service. R4F has the right but not the obligation to remove any communications and materials that R4F believes in its sole discretion violate the Operating Policies.
      
  2. Use of the Service
    You understand that, except for information, products or services clearly identified as being supplied by R4F, R4F does not operate, control or endorse any information, products or services on the Internet in any way. Except for R4F-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 R4F. You also understand that R4F 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. R4F 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 R4F 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. R4F 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. R4F has no control over and accepts no responsibility whatsoever for such materials.
     
    In no event will R4F 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 R4F 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, R4F's liability is limited to the greatest extent permitted by law.
     
    You understand that R4F will not return any products shipped through this program, whether or not they are found on the Buyback List.
     
  3. Indemnification
    You agree to indemnify, defend and hold harmless R4F, 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.
      
  4. Third Party Rights
    The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of R4F 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.
      
  5. 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.
      
  6. 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 R4F 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. R4F 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. R4F may assign its rights and duties under this Agreement to any party at any time without notice to you.