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Terms of service

Last Updated:
December 2, 2024
Terms of service for Trashie Website, Browser Extension, the Take Back Bag and the take back box

INTRODUCTION

Welcome to the website operated by For Days, Inc. d/b/a 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").

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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 Policy and Trashie Rewards Program Agreement, which are incorporated by reference. Capitalized terms used but not defined in these Terms have the meaning given to them in our other policies (e.g., Privacy Policy, 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 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.

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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 the Services; (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.

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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.

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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 the age of 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.

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3. PRIVACY

For information about Trashie’s privacy and data protection practices, please read Trashie’s Privacy Policy found at https://www.trashie.io/privacy-policy. This privacy policy 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 Policy.

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4. SERVICES

Our Services include our Rewards Program, where you may purchase Take Back Bags, Take Back Boxes, and earn and redeem TrashieCash. 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.

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5. CONSENT TO ELECTRONIC COMMUNICATIONS

a. Express Consent. When you create an Account with us and provide your email address and/or mobile phone number and/or when you communicate with us electronically, such as via email or through the Services, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, 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. 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 in section b. below. 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 Policy. You may opt out of marketing emails through the Unsubscribe link at the footer of these emails. 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.

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b. Messages You May Receive From Us And Opting Out. We and our service providers may use automated or manual means to deliver text messages to you if you have a U.S. phone number. You may opt out of these communications at any time. Consent to receive marketing text messages and other electronic communications is not required to purchase any goods or services. To opt out of receiving text messages regarding your orders and items you’re selling, you may reply to any text with the message “STOP”. To opt out of receiving marketing text message, you may reply to such text messages with “STOP”. You may turn off our push notifications in your phone or computer settings. If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you or we send or receive. Please contact your mobile telephone carrier regarding applicable charges, including any applicable roaming charges. We do not impose a separate fee for sending our text messages.

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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 create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
  • Upload or introduce any virus or malware to the Site;
  • Interfere with the operation or availability of the Site, or the hardware, software and network(s) used to operate the Site;
  • Sublicense or transfer any of your rights under these Terms or otherwise use the Services for the benefit of a third party;
  • Use technical measures to hack into our software or Site for purposes of modifying, falsifying or otherwise improperly accessing your Rewards points; 
  • Create, access or modify a user’s Account using any automated means or under false pretenses;
  • Otherwise use the Services or the Site in any manner that exceeds the scope of the access right described above.

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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 (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

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7. FEES AND PAYMENT

We may make available the ability to purchase or otherwise obtain certain products or services through the Service (each, a “Transaction”). In order to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date (or other acceptable payment method that we make available to you from time to time), your billing address and your shipping information. 

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Payment processing services are provided by ShopPay and are subject to terms at https://shop.app/terms-of-service.

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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 your Transaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of any Transaction. 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.

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By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.

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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:

  1. 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
  2. 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 edit or 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 User Content 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 may be 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 User Content, 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.

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9. DIGITAL MILLENNIUM 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. d/b/a Trashie

ATTN: Legal Department (Copyright Notification)

228 Park Ave South, Unit 35757, New York, NY 10003

Email: copyright@trashie.io

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

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on the Service;
  4. Your address, telephone number, and email address;
  5. 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
  6. 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.

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10. THIRD-PARTY SERVICES

The Service 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-Party Materials”). Any activities in which you engage in connection with any Third-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 such Third-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 policy of each third-party website or service that you visit or utilize.

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11. DOWNTIME AND SUSPENSIONS

Our access to and use of the Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or other unavailability for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of the Services. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.

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12. TERMINATION

We may terminate these Terms with you, and your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services and cancellation of any Rewards which remain unredeemed. You may terminate these Terms immediately at any time by closing your Account for the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Sections 7 as to any accrued and unpaid fees, 12, 13, 15, 16, 17, 18, 19, and 20.

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13. PROPRIETARY RIGHTS AND FEEDBACK

Ownership of all intellectual property and other rights in the Site, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, as applicable. All Site content is protected by copyright, and is owned by us or used with permission. We reserve all rights not 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, advertising or 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.

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14. CHANGES TO THESE TERMS

We reserve the right to make changes to these Terms at any time. If we make a material modification to these Terms, we will notify you by: (i) sending an email 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 ISP or 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 the new Terms, as relevant. Except for changes by us as described here, no other amendment 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 Policy or Rewards Program Agreement, we will follow the process described in our Privacy Policy and Rewards Program Agreement, respectively.

If you have any questions or comments about these Terms or the Services, please contact us by email at help@trashie.io. You also may write to us at: For Days Inc., 228 Park Ave South, Unit 35757, New York, NY 10003.

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15. ARBITRATION AND CLASS ACTION WAIVER

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (INCLUDING FOR DAYS INC. DBA TRASHIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES), 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 POLICY, YOUR USE OF THE SERVICES, 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 CONTRACT DISPUTES IN NEW YORK AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT 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. 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.

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, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. 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 of action arose or be forever banned. This arbitration agreement will survive the termination of your relationship with us.

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16. GOVERNING LAW AND FORUM FOR DISPUTES

This Agreement, and your relationship with Trashie under this Agreement, shall be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Trashie, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause herein, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, we are able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

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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 FOR A 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.

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18. LIMITATION OF LIABILITY

TO THE 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 SITE OR THE SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;

ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES;

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;

THE IMPROPER 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 ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

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19. INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable 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, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

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20. MISCELLANEOUS

a. Entire Agreement. These Terms, including the other agreements referenced 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 the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any other terms, the terms of these Terms shall govern. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority 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 info@trashie.io.

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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 with the Tech Take Back Box, you are either (i) the sole owner of the device(s) and all data contained on or within such device(s), or (ii) you have permission to proceed with recycling from all other owners of the device(s) or the owners of any 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.  No device(s) will be returned to you, and you relinquish all ownership rights in the device(s), once the device(s) are accepted by the carrier at the time of shipment.
  • You are responsible for deleting all data contained on or within the device(s) before the device(s) leave your possession.  Likewise, you are responsible for saving or retaining any data that you want to keep on another device or storage medium that 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 be responsible, in any way, for data that is not deleted from the device(s) before you ship them.
  • We are not responsible for any data loss during transportation and/or prior to our receiving a device.
  • Once your device is received, any data still contained on the device will be shredded, erased, degaussed, or otherwise overwritten in accordance with DoD 5220.22 and NIST 880-88 data erasure standards. We will not be liable or responsible for the deletion or destruction of any data on the device(s).
  • LIMITATION OF LIABILITY:  Our limitation of liability policy found in Section 18 shall apply to your use of, and any products or services related to, the Tech Take Back Box, and will survive termination.

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EXHIBIT A: THIRD-PARTY/SERVICE PROVIDER TERMS AND CONDITIONS

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