Terms of service
Welcome to GreenWaste Terms of Service (these “Terms”) operated on behalf of GreenWaste Recovery, LLC and its affiliates (“Company”, “we” or “us”), and together with any content, tools, features and functionality offered on or through our online domains (collectively, the “Platform”) for our products and services (the “Services”). These Terms, together with our Privacy Policy and any other terms or policies applicable to the Services you use, collectively form the “Agreement” between you and us governing your access to and use of the Platform.
Please read these Terms carefully, as they affect your legal rights. By accessing or using the Platform, you agree to these Terms. If you do not understand or agree to these Terms, do not use the Platform.
“You” and “your” means you as the user of the Platform. If you use the Platform on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (a) you are authorized to bind the company to these Terms, and (b) you agree to these Terms on the company’s behalf.
Important: Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 8.
1. Who May Use the WEBSITES
You must be 16 years of age or older and reside in the United States or any of its territories to use the Platform. By using any of the Platform, you represent and warrant that you meet these requirements.
2. SERVICES, ACCOUNTS, SUBSCRIPTIONS
2.1 Nature of Services. We provide a variety of products (e.g. compost and mulch) and services (e.g. ongoing recycling services to business and residential addresses). Many of our Services must be ordered or transacted outside of our Platform, and some Services are procured through your local municipality or other third parties (“Outside Services”). Separate or supplemental terms and conditions may govern or apply to Outside Services. These Terms only apply to Outside Services to the extent you use our Platform to manage your Outside Services (such as making payments or scheduling pickups). If we have an express agreement for services or product sales with you or a franchise agreement with a municipality under which you receive services outside of the Platform that conflicts with these Terms, that agreement will supersede these Terms. Please contact us if you have any questions about Outside Services.
2.2 Creating and Safeguarding your Account. To use certain aspects of our Platform, you may need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
3. ORDERS FOR PRODUCTS AND/OR SERVICES
3.1 Payment. The Platform may allow you to make payments for certain of our Services, in some cases including Outside Services ordered through your utility (“Online Payments”). You acknowledge and agree that all information you provide with regard to Online Payments, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the availability of any Services, and (b) refuse to allow any user to purchase any Services or deliver such Services to a user or a user-designated location. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment may be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility. Unless otherwise noted, all currency references are in U.S. Dollars.
3.2 Ongoing Services. If you order ongoing Services, you agree to pay us the applicable fees and taxes on an ongoing basis. Failure to pay these fees and taxes will result in the suspension and/or termination of your ongoing Services. You agree that (a) with your consent, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the ongoing Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our plans or adjust pricing for ongoing Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to Services will take effect following reasonable notice to you. Ongoing Services may be suspended at any time payment has not been received in full, and any holds on your account by any other payment processor are solely your responsibility.
You agree that if you purchase ongoing Services, we will continue to provide and automatically bill you for those Services (generally on a monthly basis). If you agree to automatic payments of your bills for ongoing Services, your designated payment method will automatically be charged for the fees and taxes applicable to your current billing period. To discontinue ongoing Services, you must cancel your ongoing Services 30 days before the renewal date by contacting us.
3.3 No Refunds. Except as expressly set forth in these Terms, payments for Services are non-refundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to receive any paid Services through the end of the period for which payment has already been made.
3.4 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
3.5 Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Services. While we attempt to be as accurate as we can in our descriptions of Services, we do not warrant that Service descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Services for purchase through the Services at a particular time does not imply or warrant that the Services will be available at any other time. We reserve the right to change prices for Services displayed on the Platform at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Service prices to the Platform and/or upon making the customer aware of the pricing error.
4. Rights We Grant You
4.1 License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Platform. This license has the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.
4.2 Restrictions On Your Use of the Platform. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Platform;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Platform (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform;
(e) exploit the Platform for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(f) access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party’s access to or use of the Platform or use any device, software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, accounts registered to other users, or the computer systems or networks connected to the Platform;
(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;
(i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same;
(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(k) use the Platform for illegal, harassing, unethical, or disruptive purposes;
(l) violate any applicable law or regulation in connection with your access to or use of the Platform; or
(m) access or use the Platform in any way not expressly permitted by these Terms.
5. Ownership and Content
5.1 Ownership. The Platform and Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Platform and Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content including, without limitation, the exclusive right to create derivative works.
5.2 Ownership of Trademarks. The GreenWaste name and logos, our Platform and Services’ names and logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services may be the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Use of the Platform does not give you any rights, title or interest in any names, logos, product and service names, designs or slogans used on the Platform.
5.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) worldwide, royalty-free and in perpetuity that you may have in and to any and all Feedback.
6. Third Party Services and Materials
6.1 Use of Third Party Materials. Certain Platform may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Platform, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials or third-party website, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
7. Disclaimers, Limitations of Liability and Indemnification
7.1 Disclaimers. Your access to and use of the Platform are at your own risk. You understand and agree that the Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, subsidiaries, affiliates, related companies, and each of its and their officers, directors, employees, agents, members, managers, shareholders, representatives, volunteers, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Platform; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Platform will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the failure to store or transmit any data or communications maintained by the Platform. No advice or information, whether oral or written, obtained from the Company Entities or through the Platform, will create any warranty or representation not expressly made herein.
7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES OR PRODUCTS PURCHASED ON THE PLATFORM GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3 Indemnification. By entering into these Terms and accessing or using the Platform, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Platform; (d) your negligence or wilful misconduct.
8. ARBITRATION AND CLASS ACTION WAIVER
8.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action allowed below.
8.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Platform and Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies and remains in such court on an individual, non-representative and non-class basis.
8.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay upfront for the reasonable filing, administrative and arbitrator fees associated with the arbitration, and will be entitled to reimbursement of the fees if the arbitrator finds that the Company is the prevailing party or the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
8.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to the email address or U.S. mailing address under Contact Us below. The notice must be sent to the Company within thirty (30) days of your agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
9. Additional Provisions
9.1 SMS Messaging and Phone Calls. Certain Services may allow us to contact you via telephone or, if you opt in, via text message. You agree that the Company may contact you via telephone or text messages (including by an automatic dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services for these purposes. You understand that you are not required to provide this consent as a condition of purchasing any Products. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the number that is receiving the messages, or by contacting us. Until you opt-out, we may contact you as outlined in our Privacy Policy.
9.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Updated” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the Platform. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Platform after the modifications have become effective will be deemed your acceptance of the modified Terms.
9.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account, any Platform and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Platform under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
9.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Platform is operated by Company in the United States. Those who choose to access the Platform from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
9.7 Contact Us. You may contact us regarding the Platform, Services or these Terms at customerservice@greenwaste.com, via phone at 408.283.4804 or via mail at 610 E. Gish Road, San Jose, CA 95112, Attention: Webmaster and General Counsel.