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Terms of Service

Through this website (the "Site"), EcoSquid, Inc. ("EcoSquid", "we" or "us") provides access to software and services that allow a customer ("Customer" or "you") to take advantage of EcoSquid's electronics recycling and exchange referral services (the "Services"). These Terms of Use ("Agreement") govern the use of the Site. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SITE, THE CUSTOMER IS ENTERING INTO THIS AGREEMENT WITH ECOSQUID. If you do not agree to these terms and conditions, you are not permitted to use the Site.

1. Registration.

If you choose to register as a member of EcoSquid (a "Member"), you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration information; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement.

2. Minors.

Use of the Services is intended only for individuals who are at least 13 years old. Individuals under the age of 13 are not eligible to register as Members.

3. Proprietary Materials.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website ("Site Content"), and all software embodied in this website or otherwise used by us to deliver the Services ("Software") is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

The marks "EcoSquid" and the EcoSquid logo are trademarks of EcoSquid, and they may not be used in connection with any service or products other than those provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners.

4. Information You Share with Us

You are solely responsible for all content that you upload, transmit or share with us or others on or through the Site (collectively, the "Customer Content"). Do not transmit or share Customer Content you do not have permission to share. You are responsible for creating backup copies of any Customer Content. When you provide us with Customer Content, you authorize us to make copies as we deem necessary for whatever purpose we determine is appropriate. By providing Customer Content, you give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute that Customer Content for any purpose, commercial, advertising or otherwise, on or in connection with the Site, the Services or the promotion of either, and to prepare derivative works of, or incorporate into other works, that Customer Content.

Subject to the rights granted to us in these Terms and Conditions, you own all of your Customer Content and any intellectual property rights associated with your Customer Content. You may remove your Customer Content from the Site at any time, but the license that you have granted shall remain in effect.

5. Registration Obligations and Technical Interface

You are solely responsible for the technical interface and all equipment you use to obtain access to the Site (e.g., your Internet or mobile device service provider and any fees associated therewith). We are not responsible for your technical connection to the Site. We also do not guarantee that the Site will be operational and properly functioning at any particular time, or that you will be able to access it with your particular computer or mobile device equipment and software.

You are responsible for maintaining the confidentiality of your login information, and are fully responsible for all activities that occur under your login information. You agree to (a) immediately notify us of any unauthorized use of your login information or any other breach of security, and (b) ensure that you exit at the end of each session you spend on the Site.

6. License to Use the Services.

Subject to your payment of any applicable fees (which are described on the Site), we will provide the Services to you in accordance with the descriptions on the Site. If applicable, we will provide you with reasonable support services for the Services in accordance with the limitations and restrictions set forth on the Site. Notwithstanding the foregoing, we may make reasonable modifications to the Services at any time.

Subject to your payment of any applicable fees, we authorize you to access, view and use the Site Content and Software (collectively, the "EcoSquid Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the EcoSquid Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the EcoSquid Property, or any portion of the EcoSquid Property, is strictly prohibited without the prior written permission of EcoSquid.

You agree, and represent and warrant, that your use of the Services and the EcoSquid Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the EcoSquid Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.

7. Services Restrictions.

No user of the Services shall submit, upload to, distribute through or otherwise use in connection with the Services any Customer Content that:

  • (a) Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic, unlawful, ethically or otherwise objectionable, or that encourages a criminal offense;
  • (b) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
  • (c) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
  • (d) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
  • (e) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
  • We reserve the right (but are not obligated) to do any or all of the following:
  • (f) record Customer Content;
  • (g) Investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
  • (h) remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
  • (i) monitor, edit or disclose any Customer Content or Customer registration information; or
  • (j) edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.

We have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

8. Links to Third Party Services Are Not Endorsements.

The Site may contain links to third-party websites (the "Linked Websites"). The Linked Websites are not under our control, and we are not responsible for the contents of any Linked Website. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the Linked Website or its products by EcoSquid. Your interaction with any Linked Website accessed through the Site is at your own risk and EcoSquid will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third party or for any personal injuries, death, property damage or other damage or expenses resulting from your interaction with Linked Websites. You should refer to the separate terms of use, privacy policies and other rules posted on Linked Websites, and make whatever other investigation you feel necessary or appropriate before proceeding with any transaction with any Linked Website.

9. Ideas Submitted to EcoSquid.

We are pleased to hear from you and welcome your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of EcoSquid. None of the Services Comments will be subject to any obligation of confidence on the part of EcoSquid, and we will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, we will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.

10. Warranty Exclusions and Limitations of Liability.

We warrant that the Services and EcoSquid Property will conform substantially to the descriptions set forth on the Site. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and EcoSquid's sole and exclusive liability, shall be (at EcoSquid's option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, we make no representations or warranties of any kind regarding the Services or the EcoSquid Property. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND ECOSQUID PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR ECOSQUID PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE ECOSQUID PROPERTY. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR ECOSQUID PROPERTY, EVEN IF ECOSQUID HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, ECOSQUID'S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE ECOSQUID PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnity.

Customer agrees to indemnify and hold us, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of the Agreement terms and conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EcoSquid. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Link to the Privacy Policy.

We are concerned about user privacy and operate the Services under the PRIVACY POLICY published here. The terms of the PRIVACY POLICY are hereby incorporated into this Agreement and are part of the agreement between you and us. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

13. Digital Millennium Copyright Act.

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 any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:

EcoSquid, Inc.
Attn: Nikhil Raman
The Slat House
50 Cocoanut Row Suite 212
Palm Beach, FL 33480 Email: info@ecosquid.com

Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:

  • (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • (c) a description of the material that you claim is infringing and where it is located on the Site;
  • (d) your address, telephone number, and email address;
  • (e) a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • (f) 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.
  • Counter Notices
    If material that you have posted to the Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512
  • (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
  • (g) a physical or electronic signature of the subscriber;
  • (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • (i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • (j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which EcoSquid may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

14. Applicable Law and Jurisdiction; Compliance.

You and EcoSquid agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.

15. Miscellaneous Provisions.

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and EcoSquid regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

Effective Date of Terms: 5/28/2010.