Terms of Service
INTRODUCTION
Welcome to the website operated by For Days, Inc. DBA Trashie (referred to as “Trashie”, “we”, “us”, or “our”). The following terms and conditions (the“Terms”) govern your access and use of the https://trashie.io website (the “Site”), including any content, functionality, programs and services offered on or through our website, and the Trashie browser extension (collectively, the "Services").
1. ACCEPTANCE OF TERMS AND ACCESS TO THE SERVICES AND SITE
By clicking on the box when registering for our Services or by using the Site, you indicate that these Terms are a binding agreement between you (referred to as “you” or “your”) as the person who has created your Account (defined below) and Trashie and that you have read and understood the following terms, including those in our Privacy Notice and Trashie Rewards Program Agreement, which are incorporated by reference. Capitalized terms used but not defined in theseTerms have the meaning given to them in our other policies (e.g., Privacy Notice, Rewards Program Agreement).
Subject to your compliance with these Terms, Trashie grants you a personal, limited, terminable, non-exclusive, non-transferable right to access the Site and use the Services solely for purchasing Take Back Bags, Take Back Boxes, and earning and redeeming Rewards (defined below). Trashie further grants to you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense or distribute) to install and use its browser extension for your personal shopping use only in connection with the Rewards Program and only in the form and format provided by Trashie.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
2. USER ACCOUNTS AND ELIGIBILITY
You may be required to create a user account (“Account”) in order to use our Services. In doing so, you agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your address and email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of theServices; (iv) promptly report to us any unauthorized use of your login information or the Services of which you become aware; and, (v) ensure that you log out from your Account at the end of each session.
You are responsible for keeping your Account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information.
The Site and the Services are intended for access and use by individuals over 18 years of age unless otherwise noted. You represent and warrant that you are at least eighteen (18) years of age. If you are under age eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. PRIVACY
Forinformation about Trashie’s privacy and data protection practices, please read Trashie’s Privacy Notice found at Privacy Notice This Privacy Notice explains how Trashie collects, uses and shares your information when you access and use the Services. By agreeing to be bound by this Agreement, you also agree to the Trashie Privacy Notice.
4. SERVICES
Our Services include our Rewards Program, where you may purchase Take Back Bags, Take Back Boxes, and earn and redeem TrashieCash rewards. Your access to and use of our Rewards Program is governed by the Trashie Rewards Program Agreement, which is incorporated herein by reference. Any capitalized terms relating to the Rewards Program that are not otherwise defined in these Terms shall have the meanings given to them in the Trashie Rewards Program Agreement.
5. CONSENT TO ELECTRONIC COMMUNICATIONS
a. Express Consent. When you create an Account with us and provide your email address and/or when you communicate with us electronically, such as via email or through the Services, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), Rewards status, promotional opportunities and third party notices. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to you electronically and/or in these Terms satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may opt out of marketing emails as described in our Privacy Notice. However, you will not be able to opt out of certain emails, such as those describing transactions you’ve completed on our Site or that pertain to your Account.
b. SMS Messages You May Receive From Us. We and our service providers may use automated or manual means to deliver text messages to you for marketing communications if you have a U.S. phone number and have opted in to receive these messages. You may opt out of these messages at any time. With your consent, we will send you SMS messages regarding marketing notifications, your abandoned cart, product and rewards launches, sales, and promotions. Consent to receive marketing text messages and other electronic communications is not required to purchase any goods or services. You can out-out of receiving SMS messages from us at any time by texting "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. To re-join, you may sign up as you did the first time and we will start sending SMS messages to you again. You represent that you are the Account holder for the mobile telephone number(s) that you provide. If you change your mobile telephone number(s), you may opt out of further messages, and opt in to new messages from your new phone number, as described herein. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@trashie.io. Note that carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency also varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Notice at Privacy Notice.
6. RESTRICTIONS ON USE
You will not, and will not attempt to:
• Modify, translate, adapt or otherwise create derivative works or improvements, of the Site or any content or source code;
• Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or any part thereof;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Site or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
• Remove, disable, circumvent or otherwise createor implement any workaround to any copy protection, rights management orsecurity features in or protecting the Site;
• Upload or introduce any virus or malware to the Site;
• Interfere with the operation or availability ofthe Site, or the hardware, software and network(s) used to operate the Site;
• Sublicense or transfer any of your rights underthese Terms or otherwise use the Services for the benefit of a third party;
• Use technical measures to hack into our softwareor Site for purposes of modifying, falsifying or otherwise improperly accessingyour Rewards points;
• Create, access or modify a user’s Account using any automated means orunder false pretenses;
• Otherwise use the Services or the Site in anymanner that exceeds the scope of the access right described above.
You may not use the Site or Services to do any of the following:
• Harass or advocate harassment of another person or entity;
• Perform any activities that violate any state, local, federal, or international laws or regulations;
• Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
• Transmit unsolicited mass mailings, or “spam;”
• Attempt to collect or use personal information about users or third parties without their consent;
• Collect or store any information about other users, other than in the normal course of using the Site;
• Transmit or introduce any virus, worm, defect, Trojan horse, time bombs, date bombs, adware, spyware, or similar destructive or harmful item;
• Interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law; or
• Take any action that imposes or may impose (inour sole discretion) an unreasonable or disproportionately large load on ourinfrastructure.
7. FEES AND PAYMENT
We may make available the ability to purchase orotherwise obtain certain products or services through the Service (each, a“Transaction”). In order to make a Transaction, you may be asked to supplycertain relevant information, such as your credit card number and itsexpiration date (or other acceptable payment method that we make available toyou from time to time), your billing address and your shipping information.
Payment processing services are provided byShopPay and are subject to terms at https://shop.app/terms-of-service
By providing a credit card or other acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of yourTransaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of anyTransaction. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, we will notify you of the issue, and if we are unable to resolve the issue, your order may be suspended or terminated. If you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.
By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.
8. USER CONTENT
a. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
b. By posting or publishing User Content, you grant Trashie a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
c. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
i. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Trashie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Trashie, the Service, and these Terms; and
ii. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i)infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii)slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Trashie to violate any law or regulation.
d. We are under no obligation to editor control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Trashie may, however, at any time and without prior notice, screen, remove, edit, or block any UserContent that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content maybe inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Trashie with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the UserContent, which we reserve the right to do at any time and without notice. For clarity, Trashie does not permit copyright-infringing activities on the Service.
9. DIGITAL MILLENIUM COPYRIGHT ACT
a. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers(17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
For Days, Inc. DBA Trashie
ATTN: Legal Department (Copyright Notification)
228 Park Ave South, Unit 35757 New York, NY 10003
Email: copyright@trashie.io
b. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
ii. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
iii. a description of the material thatyou claim is infringing and where it is located on the Service;
iv. your address, telephone number,and email address;
v. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
c. We will promptly terminate without notice the accounts of users that are determined by us to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
10. THIRD-PARTY SERVICES
TheService may display, include, or make available content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources or materials from third parties or provide links to certain third-party websites or applications, including the content with merchants with whom we partner (“Merchants”, and collectively, “Third-PartyMaterials”). Any activities in which you engage in connection with anyThird-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of suchThird-Party Materials, and Third-Party Materials are provided solely as a convenience to you. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party.
We do not endorse, warrant or guarantee the products, services or content of Merchants or other third-parties. We are not an agent or broker or otherwise responsible for Merchants’ activities, policies, products or services. When you use the Services to access Merchants or other third-parties, you do so at your own risk. These Merchants and other third-parties are not under our control, and you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any aspect of content, functions, accuracy, transactions, legality, privacy policies, practices, terms of use, prices, offers, rates, opinions expressed, appropriateness or any other aspect of such third parties. We do not guarantee that the product details, prices, coupon availability or other service terms, rates or Rewards offered by any particular Merchant or other third-party linked to from our Service are actually the terms that may be offered or provided to you.We reserve the right to enforce terms for promotions offered by Merchants that we partner with at our sole discretion. We encourage you to be aware when you link to a third-party and to read the terms, conditions and Privacy Notice of each third-party website or service that you visit or utilize.
11. DOWNTIME AND SUSPENSIONS
Ouraccess to and use of the Services may be interrupted for the duration of anyscheduled, unscheduled, or unanticipated downtime, suspension or otherunavailability, for any reason and in our sole discretion, including but notlimited to: (i) as a result of power outages, system failures or otherinterruptions, (ii) for scheduled and unscheduled downtime to permitmaintenance or modifications to the Services, (iii) in the event of a denial ofservice attack or other attack or event that we determine may create any riskto us, you or any of our users, customers, or licensees, or (iv) in the eventthat we determine that any Service is prohibited by applicable law or otherwisedetermine that it is necessary or prudent to do so for legal or regulatoryreasons. We shall have no liability whatsoever for any damage, liabilities,losses (including any loss of data or profits) or any other consequences thatyou may incur as a result of any downtime, suspension or other unavailabilityof the Services. We cannot always foresee or anticipate technical or otherdifficulties which may result in failure to obtain data or loss of data,settings or other service interruptions. We do not assume responsibility forthe timeliness, accuracy, deletion, non-delivery or failure to store any userdata, communications or settings.
12. TERMINATION
Wemay terminate these Terms with you, and your access to all or any part of theServices at any time, with or without cause, with or without notice, effectiveimmediately, which may result in the forfeiture and destruction of allinformation associated with your use of the Services and cancellation of anyRewards which remain unredeemed. You may terminate these Terms immediately atany time by closing your Account for the Services. All provisions of theseTerms which by their nature should survive termination shall survivetermination, including, without limitation, Sections 7 as to any accrued andunpaid fees, 12, 13, 15, 16, 17, 19, 19, and 20.
13. PROPRIETARY RIGHTS AND FEEDBACK
Ownershipof all intellectual property and other rights in the Site, including, but notlimited to, the software, design, layout, content, links, and the like shallremain with us and our licensors, as applicable. All Site content is protectedby copyright and is owned by us or used with permission. We reserve all rightsnot specifically granted in these Terms.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertisingor marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
14. CHANGES TO THESE TERMS
Wereserve the right to make changes to these Terms at any time. If we make amaterial modification to these Terms, we will notify you by: (i) sending anemail to the address associated with your Account, although we are not responsible for your failure to receive an email due to the actions of your ISPor any email filtering service; therefore, you should add our Site to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these Terms, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification to you of such changes. After notice of a modification to Terms has been posted for 30 days, the notice may be removed.If you choose to continue using the Service after receipt of the notice under(i) above or after such thirty (30) day period in (ii) above, you accept thenew Terms, as relevant. Except for changes by us as described here, no otheramendment or modification of these Terms will be effective unless in writing and signed by both you and us.
If we make a change to our Privacy Notice or Rewards Program Agreement, we will follow the process described in our Privacy Notice and Rewards Program Agreement, respectively.
Ifyou have any questions or comments about these Terms or the Services, please contact us by email at support@trashie.io. You also may write to us at: For Days, Inc. DBA Trashie., 228 Park Ave South, Unit 35757 New York, NY 10003.
15. ARBITRATION AND CLASS ACTION WAIVER
For purposes of this Section (Arbitration and Class Action Waiver),"Trashie," "we," “us,” and "our" shall include For Days, Inc. DBA Trashie and its past, present, and future subsidiaries, parents, affiliates, agents, employees, officers, directors, predecessors in interest, successors, representatives, and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
BINDING INDIVIDUAL ARBITRATION
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WITH REGARD TO YOUR RELATIONSHIP WITH US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, OUR REWARDS PROGRAM AGREEMENT, AND THE PRIVACY NOTICE, YOUR USE OF OUR SITE OR SERVICES, ANY ASPECT OF YOUR RELATIONSHIP WITH US, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION FOR CONSUMER DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT (1) TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK AND YOU HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR SUCH PURPOSES; (2) EITHER YOU OR TRASHIE MAY INITIATE A DISPUTE IN OR TAKE A DISPUTE TO SMALL CLAIMS COURT SO LONG AS IT ISN’T REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION; AND (3) AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
“DISPUTE” WILL BE GIVEN THE BROADEST POSSIBLE MEANING PERMITTED BY LAW AND INCLUDES ANY DISPUTE OR CLAIM THAT IS CURRENTLY THE SUBJECT OF A PURPORTED CLASS ACTION LITIGATION IN WHICH YOU ARE NOT A MEMBER OF A CERTIFIED CLASS, AND ANY DISPUTE OR CLAIM THAT MAY ARISE AFTER TERMINATION OF THESE TERMS AND OUR RELATIONSHIP WITH YOU. DISPUTE DOES NOT INCLUDE DISAGREEMENTS OR CLAIMS CONCERNING PATENTS, COPYRIGHTS, TRADEMARKS, TRADE SECRETS, OR OTHER INTELLECTUAL PROPERTY.
Mandatory Informal Dispute Resolution Process
If you and Trashie have a Dispute, you and Trashie agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with an itemized estimated calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: legal@trashie.io or by mail to: Trashie Legal ℅ ForDays Inc., 228 Park Ave South, Unit 35757 New York, NY 10003. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or videoconference settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Trashie representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.
If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or we may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Trashie commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.
CLASS ACTION WAIVER
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND WE ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ACTION OR ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity if we are a party to the proceeding.
JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
16. GOVERNING LAW, FORUM FOR DISPUTES, AND ARBITRATION PROCEDURES
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal arbitration law as set forth above. You agree that all matters relating to your access to or Use of the Site, including all disputes and claims, will be governed by the laws of the United States and by the laws of the State of New York. Unless you and Trashie agree otherwise, to the fullest extent permitted by law, the state and federal courts in New York, NY, will have exclusive jurisdiction over any disputes and claims (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Terms. You and Trashie consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This arbitration agreement will survive the termination of your relationship with us.
ARBITRATION PROCEDURES
You and Trashie agree that if the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration agreement, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this arbitration agreement. If the parties cannot agree on a provider, they shall petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this arbitration agreement. An arbitration demand must include all of the information required to be provided in the notice above.
The arbitration will be administered according to Principle 12 of the AAA’s Consumer Due Process Protocol. It will be conducted by a phone or video hearing, or solely through written submissions if so agreed upon by both parties. The arbitrator may, at their discretion, authorize and require a face-to-face hearing if so requested by either party.
ARBITRATION COSTS
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. You and we agree that the parties (and their counsel, if they are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose.
ADDITIONAL PROCEDURES FOR BATCH ARBITRATIONS
To increase the efficiency in administration and resolution of arbitrations, you and Trashie agree that in the event that there are 25 or more individual requests of a substantially similar nature filed against Trashie by or with the assistance of the same law firm, group of law firms, or organizations within a 90 day period (or otherwise close proximity), the AAA (1) will administer the arbitration demands in batches of 25 requests per batch (plus to the extent there are less than 25 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration administered according to Principle 12 of the AAA’s Consumer Due Process Protocol with one set of filing and administrative fees due per side per batch, one procedural calendar, a hearing via phone or videoconferencing platform as chosen by the arbitrator or face-to-face if so requested by a party and authorized by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of the same contractual issue, event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by the disagreeing party. You and Trashie agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. The Batch Arbitration shall in no way be interpreted as authorizing a class, collective and/or mass arbitration action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
You also understand and agree that by choosing to bring your Dispute as a part of a Batch Arbitration that the resolution of your Dispute might be delayed.The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources.
If you choose to bring your Dispute as part of a Batch Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
17. WARRANTY DISCLAIMER
We make no representations concerning any link contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or links contained in or accessed through the Services.
THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
18. LIMITATION OF LIABILITY
TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITEOR THE SERVICES FOR:
PERSONALINJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES,LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTERFAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT,EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
ANYACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THESITE OR THE SERVICES;
YOURFAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THECOST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED ORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
THEIMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY;STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONEHUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGESARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHERTHEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WEREFORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOMEJURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OFTHE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
WEDO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE ORTHE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BEINTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
UNDERNO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OFOR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ONANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS,INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS INOPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOTRESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, ORUNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBYACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, ANDINFORMATION SUBMITTED TO THE SITE.
IFYOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICHSAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THERELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HERSETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONSSIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS ORPROTECTIONS.
19. INDEMNIFICATION
Youshall defend, indemnify, and hold harmless us, our affiliates and each of ourand their respective employees, contractors, directors, suppliers andrepresentatives from all liabilities, claims, and expenses, includingreasonable attorneys’ fees, that arise from or relate to your use or misuse of,or access to the Services, violation of these Terms, or infringement by you, orany third party using your Account or identity in the Services, of anyintellectual property or other right of any person or entity. We reserve theright to assume the exclusive defense and control of any matter otherwisesubject to indemnification by you, in which event you will assist and cooperatewith us in asserting any available defenses.
20. MISCELLANEOUS
a. Entire Agreement. These Terms, including the other agreementsr eferenced and referred to herein, constitutes the entire agreement between you and us with respect to the Site and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on thepart of either party, any right or any power hereunder shall operate as awaiver thereof, nor shall any single or partial exercise of any right or powerhereunder preclude further exercise of that or any other right hereunder. In theevent of a conflict between these Terms and any other terms, the terms of theseTerms shall govern. If any provision of these Terms is illegal or unenforceableunder applicable law, the remainder of the provision will be amended to achieveas closely as possible the effect of the original term and all other provisionsof these Terms will continue in full force and effect. The headings of sectionsand paragraphs in these Terms are for convenience only and shall not affect itsinterpretation. These Terms are personal to you, and are not assignable,transferable or sublicensable by you except with our prior written consent. Wemay assign, transfer or delegate any of our rights and obligations hereunderwithout your consent. No agency, partnership, joint venture, or employmentrelationship is created as a result of these Terms and neither party has anyauthority of any kind to bind the other in any respect.
b. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@trashie.io.
21. RECYCLING AND DATA RESPONSIBILITY
· By recycling your eligible electronic device(s) with Trashie, you acknowledge and agree to the following:
· For any device(s) that you are considering recycling withthe Tech Take Back Box, you are either (i) the sole owner of the device(s) andall data contained on or within such device(s), or (ii) you have permission toproceed with recycling from all other owners of the device(s) or the owners ofany data on or within the device(s).
· You must follow all packaging and shipping instructions,including those provided with the Tech Take Back Box.
· Use of this service is at your own risk. Nodevice(s) will be returned to you, and you relinquish all ownership rights inthe device(s), once the device(s) are accepted by the carrier at the time ofshipment.
· You are responsible for deleting all data contained on orwithin the device(s) before the device(s) leave your possession. Likewise, you are responsible for saving orretaining any data that you want to keep on another device or storage mediumthat will not be sent in the Tech Take Back Box.
· Trashie and its employees, representatives, agents,contractors, affiliates, and licensors (together, “we” or “us”) shall not beresponsible, in any way, for data that is not deleted from the device(s) beforeyou ship them.
· We are not responsible for any data loss duringtransportation and/or prior to our receiving a device.
· Once your device is received, any data still contained onthe device will be shredded, erased, degaussed, or otherwise overwritten inaccordance with DoD 5220.22 and NIST 880-88 data erasure standards. Wewill not be liable or responsible for the deletion or destruction of any dataon the device(s).
· LIMITATION OF LIABILITY:Our limitation of liability policy found Section 18 shall apply to your use of,and any products or services related to, the Tech Take Back Box, and will survive termination.
EXHIBIT A: THIRD PARTY TERMS AND CONDITIONS
AvantLink
Awin
CJ by Conversant
FlexOffers
Impact
Pepperjam
Partnerize
Avantlink
Terms Awin
FlexOffers
Rakuten Marketing
ShareASale
Refersion
Ebay Partner Network
Admitad
Commission Factory
Webgains