Terms and Conditions
Last updated: April 20, 2021
The use of the Plastic IQ website tool (“Tool”) and the information from it are provided subject to the following Terms and Conditions, which include disclaimers. These Terms and Conditions are known as the “Terms.” By using the Tool, you and your company and anyone else for whom you are acting (collectively, “you”) agree to be bound by and accept the Terms, including the disclaimers. Please read them carefully.
The Terms include the following disclaimer. The Tool and the information from it are provided for general informational and illustrative purposes only. While the Tool has been peer reviewed and also, to the best of our knowledge and in good faith, makes calculations in a true and accurate fashion, all information provided by the Tool is hypothetical. The Recycling Partnership, Inc. (“The Partnership,” “we,” “us” or “our”) and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the Tool or its accuracy, adequacy, validity, reliability, availability or completeness of any information from the Tool, 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. Errors and omissions may occur. Under no circumstance shall The Partnership, or our affiliates and vendors, have any liability for any loss or damage of any kind incurred as a result of use of the Tool or reliance on any information provided from the Tool. Use of the Tool and any reliance on any information from the Tool 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 Tool at any time and without notice.
Terms and Conditions:
“Site” and “Sites” mean www.plasticiq.org, mobile and other versions thereof, and all other websites for the Tool, specifically including the Tool.
By your use, continued use, browsing or viewing of any Site and the Tool, or your use of any of the services that may be available through any Site including the Tool, you agree to these Terms. The Terms represent binding commitments by you to The Partnership. If you do not accept and agree with all of the Terms without modification by you, do not use any Site or the Tool, and you are not authorized to access or use any Site or the Tool for any purpose.
If you are using the Site 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.
Read and Agreed. You represent that you have read and agree to abide by the Terms for a Site and the Tool, as well as any other terms, disclaimers or policies set forth on a Site.
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 a Site. Your use or continued use of any Site 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 Site whenever you use a Site. If you no longer agree to be bound by these Terms, you must cease use of the Site and the Tool. These Terms are effective even if terminated by you or us.
Users Outside the United States
This Site and Tool 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.
As used herein, a “User” means anyone who browses and views a Site, whether or not such person creates an account. We reserve the right to modify any features of this access to the Sites or other services at any time.
Discontinuation. We may change, suspend or discontinue any aspect of any Site 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 Site without notice or liability.
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 a Site, and for logging off your account and any protected areas of a Site. 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 or credit card information. 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 such things by any third party, whether or not authorized by you to use such things. 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 may be referred to appropriate law enforcement agencies.
Information provided to you through a Site 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.
Content – Ownership & Use
Content. All content and data on a Site (“Content”) provided by us, or by any affiliate or vendor of ours, a Site itself, 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 a Site (overall and in part) and other material, whether in the form shown on a Site 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 a Site.
Trademarks. Our “Trademarks” include: The Recycling Partnership, the composite logo of The Recycling Partnership, Plastic IQ, and the composite logo of Plastic IQ. 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 this Site, 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 a Site 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 a Site. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to or of the Content.
Protection. The Sites and Our Content are, or may be, also protected as and by copyrights, trademarks, patents or other proprietary rights and laws. The Sites and our systems for the Site 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 Site and Our Content. Except as expressly allowed by the Site as part of the normal functioning of the Sites, 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 Sites 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 a Site.
Third Party Content. A Site 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.
Site Integrity. The Site has been specially designed for presentation of content in a unique format and appearance. We are concerned about the integrity of a Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with a Site. Without limiting other provisions of these Terms, neither you nor any third party shall make use of any Site 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 2021 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 a Site, Content or anything from or involved with a Site.
Your Use of Sites. Your use of Sites must only be in legal fashion, for lawful purposes only, and in accordance with the Terms. Your use of Sites 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 a Site may give to a claim for damages and/or be a criminal offense. You acknowledge that we have no obligation to monitor any aspect of the Sites or the Content, and we assume no such obligation. We, however, reserve the right to monitor use of Sites 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 a Site, or any aspect of a Site, 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 a Site.
Without limitation any other portion of these Terms, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Site or the Tool, use of the Site or the Tool or access to the Site or the Tool. You also agree not to access the Site or the Tool by any means other than through the interface that is provided by us for use in accessing the Site and the Tool. We may electronically monitor areas of the Site or the Tool, 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.
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 a Site, 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 Sites do the same. If you believe that your work has been improperly copied on any Site or by us in a way that constitutes copyright infringement, please contact us.
Disclaimers. No Warranties from Us concerning Sites, the Tool or Content
The Tool, Sites 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 Tool: The Tool and the information from it are provided for general informational and illustrative purposes only. While the Tool has been peer reviewed and also, to the best of our knowledge and in good faith, makes calculations in a true and accurate fashion, all information provided by the Tool is hypothetical. The Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding the Tool or its accuracy, adequacy, validity, reliability, availability or completeness of any information from the Tool, 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. Errors and omissions may occur. Under no circumstance shall The Partnership, or our affiliates and vendors, have any liability for any loss or damage of any kind incurred as a result of use of the Tool or reliance on any information provided from the Tool. Use of the Tool and any reliance on any information from the Tool 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 Tool at any time and without notice.
Material Substitutions on the Tool: The Tool is intended to assist with conducting strategic exercises and decision making related to analyzing and prioritizing actions that improve plastic packaging strategy and decrease environmental impacts. The potential material substitutions set out in the Tool are solely for general information and illustrative purposes and do not reflect a preference by The Partnership or our affiliates or vendors for or against any particular material.
Information Results: Information results from the Tool are intended to assist with conducting strategic exercises and decision making related to analyzing and prioritizing actions that improve plastic packaging strategy and decrease environmental impacts. The information results set out in the Tool 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 Tool or information results set out in the Tool, or their accuracy, adequacy, validity, reliability, availability or completeness of any such results.
Third Party Studies: The Tool is intended to assist with conducting strategic exercises and decision making related to analyzing and prioritizing actions that improve plastic packaging strategy and decrease environmental impacts. The Recycling Partnership and our affiliates and vendors make no representation or warranty of any kind, express or implied, regarding third party studies cited.
FURTHER DISCLAIMERS & LIMITATIONS ON LIABILITY
DISCLAIMER. YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE SITES 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 A SITE, CONTENT, INFORMATION, SERVICES OR OTHER MATERIALS AVAILABLE THROUGH A SITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR SUBSTANCE OF THE CONTENT OR OTHER SERVICES THAT MAY BE CONNECTED TO OR ASSOCIATED WITH A SITE. WE, OUR AFFILIATES AND OTHER THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY AND 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 SITE 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 SITE, OR THAT A SITE 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 A SITE 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 A SITE SHALL NOT CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH A SITE, PRODUCTS, SERVICES, OR ANY CONTENT OR FUNCTION OF A SITE OR THE TOOL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 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 SITE AND INFORMATION CONTAINED ON THE SITE 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 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, The Partnership is 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, The Partnership is not responsible for the upkeep and maintenance of your hardware, including your network to connect to the Site.
Goods or services neither manufactured nor rendered by The Partnership 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 a Site is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.
Timeliness. The information on a Site, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on a Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from a Site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use a Site in the same manner as any other educational medium and should not rely on a Site to the exclusion of their own professional judgment. Information obtained by using a Site 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 a Site 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 a Site, and you are responsible for all charges related thereto.
Corrections. We reserve the right to correct any errors or omissions on a Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to a Site, we do not guarantee or warrant that any Site or materials that may be downloaded from a Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on a Site and any materials available through a Site, you do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE PARTNERSHIP, ITS 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, A SITE, THE CONTENT, OR ANY MATERIALS AND/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM A SITE, OR INFORMATION AVAILABLE ON A SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER WHETHER THE ALLEGED LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, 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 THE PARTNERSHIP, ITS 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 THE PARTNERSHIP 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 A SITE 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, THE PARTNERSHIP IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSE BY YOUR USE OR MISUSE OF A SITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH A SITE, 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 A SITE OR CONTENTS 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 a Site, the Tool, and the Content. As set forth below in these Terms, you release us from all liability and you will indemnify and defend us.
Indemnity. You agree to indemnify and hold The Partnership, its 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 a Site, the Tool, 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 a Site, 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, 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 a Site.
Links. You may not create a link to this website from another website or document without our prior written consent. From time to time, a Site 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.
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.
Antitrust. You acknowledge that you may be subject to various antitrust rules. If applicable, the essential requirement of such rules with respect to the Site and the Tool is that you may not use the Site or the Tool 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 Site or the Tool 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 Sites from our offices in the United States of America, and the Sites 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 on a Site are appropriate or available for use in other locations. Persons who choose to access a Site 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 a Site 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 a Site 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.
Breaches of Security. We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information.
Legal Subpoenas. We may disclose personal information, 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 a Site; 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).
You are further notified, pursuant to 47 U.S.C. section 230(d), that parental control protection 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) and America Links Up (http://www.netparents.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 a Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to a Site. 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.
Last updated: April 20, 2021
“Site” and “Sites” mean www.plasticiq.org, mobile and other versions thereof, and all other websites for the Tool, specifically including the Tool.
“Services” means the products or services available, if any, through any of the Sites.
Our Commitment to Privacy
To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. Please know that we may use your data to provide and improve the Services.
A Note to Non-United States Users
This Site is not directed at or intended for users outside the United States. 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 United States law, your personal data submitted through this Site and transferred to the United States may not have the same legal data protection as in your jurisdiction.
We make no claim that a Site or the Content is appropriate for or may be downloaded outside of the United States. Access to a Site or Content may not be legal by certain persons or in certain countries. If you access a Site from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.
A Note to California & Canadian Users
A Note to All Users
You Must Be Over 18
Access and use of any Site and the Services offered therein by an individual under the age of eighteen (18) is prohibited.
A Special Note for Parents
Our products and the Services are for adults only, either individually or on behalf of a company. Use of a Site or Services by anyone under the age of eighteen (18) is prohibited without the involvement, consent, and supervision of a parent or guardian.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data is, or is to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Site, and Services, of which you take advantage.
Types of Data Collected
Through the Site, we do not collect personal data, except as set forth below.
We may collect login, password, name, company and title. Depending upon your responses, this may or may not contain data that you might consider personal data.
Cookies and Usage Data
We may collect information that your browser sends whenever you visit our Site or when you access the Site or Services by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Site or Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site and/or Services.
Examples of Cookies we use:
* Session Cookies. We use Session Cookies to operate our Site and/or Services.
* Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
* Security Cookies. We use Security Cookies for security purposes.
Use of Data
We use the collected data for various purposes:
- To provide and maintain our Site and/or Services.
- To notify you about changes to our Site and/or Services.
- To allow you to participate in interactive features of our Site and/or Services when you choose to do so.
- To provide customer support.
- To gather analysis or valuable information so that we can improve our Site and/or Services.
- To monitor the usage of our Site and/or Services.
- To detect, prevent and address technical issues.
Further, we may use, share and disclose Tool Data in the following ways:
- For users who create a login and submit data to The Partnership, we may anonymize and aggregate Tool Data for comparisons and reporting and report those comparisons and reports to persons and companies outside of The Partnership.
- For users who create a login, we may disclose any collected data, including Tool Data for your company, or anyone else for whom you are acting, to your company (or principal for whom you are acting), as well as its affiliated, parent and subsidiary companies.
- For users who create a login and submit data and targets to The Partnership, we may disclose or publish targets on a leader board (or other public recognition) of plastic reduction targets and progress, or in other ways.
- In ways you subsequently permit.
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
We may process your Personal Data because of one or more of the following:
* We need to perform a contract with you;
* You have given us permission to do so;
* The processing is in our legitimate interests and it is not overridden by your rights;
* For payment processing purposes; or
* To comply with the law.
Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site and/or Services, or we are legally obligated to retain this data for longer periods.
We will also retain Tool Data for so long as necessary for the purposes set forth above. Tool Data may be retained for so long as we deem appropriate.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
If The Partnership is involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to do any of the following:
* To comply with a legal obligation;
* To protect and defend the rights or property of The Partnership;
* To prevent or investigate possible wrongdoing in connection with the Site and/or Services;
* To protect the personal safety of users of the Site, Services, or the public; or
* To protect against legal liability.
Disclosure by Consent
At some places on the Site and/or within the Services, you may consent to the disclosure of Personal Data or other data to third parties. For example, and without limitation, you may consent that order information linked to your name may be disclosed to a distributor for a possible re-ordering of products, and your name may be included in such disclosed information.
We may collect data during your usage of the Tool in the form of your responses and non-responses to information solicited by the Tool. We may use, share and disclose Tool Data in the following ways:
* We may anonymize and aggregate Tool Data for comparisons and reporting and report those comparisons and reports to persons and companies outside of The Partnership.
* We may disclose any collected data, including Tool Data for your company, or anyone else for whom you are acting, to your company (or principal for whom you are acting), as well as its affiliated, parent and subsidiary companies.
* We may disclose or publish Tool Data on a leader board (or other public recognition) of plastic reduction targets and progress, or in other ways.
* In ways you subsequently permit.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA):
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Europe and General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Partnership aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
* The right to access, update or delete the Personal Data information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
* The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
* The right to object. You have the right to object to our processing of your Personal Data.
* The right of restriction. You have the right to request that we restrict the processing of your personal information.
* The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
* The right to withdraw consent. You also have the right to withdraw your consent at any time where The Partnership relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
If you qualify, you have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ, contract with or otherwise use third party companies and/or individuals (“Service Providers”) to facilitate our Services, to provide the Services on our behalf, to perform Site-related services or Services, or to assist us in analyzing how our Site and/or Services is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Site and/or Services.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site and/or aspects of the Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at https://policies.google.com/privacy?hl=en.
By using a Site and/or Services, you expressly consent to the practices – including collection, use, retention, transfer, disclosure, security practices, service providers, analytics – described above.
Links to Other Sites
Our Site does not address anyone under the age of 18 (“Children” and “Child”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. Please do not send us any information about anyone under the age of 18, like names, addresses or email addresses. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we will take steps to remove that information from our servers.
If you are conducting this or any session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this site and the computer system you are using so as to prevent unauthorized access to your account.
Please see the Terms and Conditions for important notices about copyrights, trademarks and other matters.
You may not, without our prior written permission, “mirror” any material contained on a Site or any other content being displayed on the worldwide web.
All trademarks, service marks, logos, slogans, domain names and trade names (collectively “Marks”) are the properties of their respective owners. We disclaim any proprietary interest in Marks other than our own Marks.
* By email: email@example.com
* By visiting this page on our website: plasticiq.org/contact-us
© 2021 The Recycling Partnership, Inc. All rights reserved.