TERMS AND CONDITIONS OF USE
Welcome to the Thatsreuseable.com, LLC (“Company”, “our” or “we”) website. Please read the following terms and conditions of use (“Terms”) carefully before using Thatsreuseable.com’s web site, https://thatsreuseable.com (the “Site”), including any online features, services and/or programs offered by Company through the Site (“Services”).
- Acceptance of Terms. By accessing or using the Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Site. We reserve the right to change these Terms from time to time with or without notice to you by posting updated Terms to the Site. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after any modification or amendment will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site. The term “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Site.
BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. UNLESS YOU HAVE A USER ACCOUNT, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR SERVICES. SUBSCRIPTION FEES FOR THE SITE ARE NON-REFUNDABLE.
THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.
- Services. This Site is a platform for food ingredient suppliers and purchasers to communicate and sell goods. A full list of Services provided can be viewed at (https://thatsreuseable.com).
- No Guarantee. You understand and acknowledge that we cannot promise or guarantee specific results or transactions from using the Site or Services available on this site.
- Age. You affirm that you are over 18 years of age and you agree to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
- Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services.
- User Accounts; Privacy and Security.
- Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
- Online Account Access. In order to access some of the Services on this site, including the posting of Content on the Site, we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). After setting up an User Account, you may access the Services by clicking on the login menu link at https://thatsreuseable.com. We may access your User Account to manage your account.
- Creating a User Account. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. To create a User Account, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, email address). In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. It is your responsibility to notify Company if an Authorized User should no longer be given access to an Account through the Online Service.
- User Account and Password. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You also agree to immediately notify Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by email at firstname.lastname@example.org. You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
- Reliance by Company. You authorize Company to rely on your UserID and password to identify you when you use the Services. You also acknowledge and agree that if you permit another person or persons to use the Services or give them your UserID and/or password, you are responsible for any actions that person makes to your User Account or Content posted on the Site, even if the person exceeds your authorization.
- Security. Company is committed to protecting the security and confidentiality of information about you and your Account and User Account. Company uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
- You can only access the Online Service with certain browsers that have high security standards.
- The Online Service will automatically log off if prolonged periods of inactivity occur.
- Fees. If you choose to register as a User on our Site, you agree to pay all fees associated with the Services. The Site offers monthly, quarterly and annual subscription programs. Please see our subscription fee page, https://thatsreuseable.com/subscribe/.
- Charges. Any charges incurred by your Subscription to the Services will be billed to the credit card we have on file. The monthly, quarterly and annual charges for the Subscription will be billed in advance of the Service. You authorize Company to bill your credit card on file. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information in advance of any change.
- Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for your Subscription, you agree that we may, at our option, suspend or terminate your access to the Site and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.
- Site Conduct, Posting Policies & Third Party Websites
- User-Created Content Guidelines: Your use of the Site, including the posting of Content on the Site, is subject to all applicable laws and regulations, and you are solely responsible for any Content, listings, comments or posts you leave or mark on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post listings, comments, messages, links, code or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
- impersonates any person or entity, including any of our employees or representatives.
- No Endorsement. Company neither endorses nor assumes any liability for any listings, User Content, material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
- Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
- Company Intellectual Property.
- Ownership of Content. By accepting these Terms, you agree that content presented to you on this Site generated, created or posted by Company is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates. The following are registered trademarks, trademarks or service marks of Company: Thatsreuseable.com [List marks of Company or Affiliates]. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Company.
- Limitations on Use of Content. Except for a single copy made for use of the Site, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
- No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
- Content You Create.
- Company’s License to Display Your Trademarks. You grant Company a non-exclusive, paid-up, perpetual, and worldwide right to distribute, display, publish, translate, and otherwise use any of your trademarks, trademarks or service marks contained in your User Content to display, promote, and publish your Content on the Site.
- Copyright Infringement. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your or someone else’s copyright has been infringed by Company or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to submitting us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
The Notice may be sent to:
By Mail: 1717 E. Cary Street, Richmond, VA 23223
By e-mail: email@example.com
- Counter-Notification If material that you have posted to our Site has been taken down, you may submit a counter-notification that contains the following detail:
- 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;
- 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 in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal district court in the Eastern District of Virginia, Richmond Division, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- Your physical or electronic signature.
The Counter-Notification may be sent to:
By Mail: 1717 E. Cary Street, Richmond, VA 23223
By e-mail: firstname.lastname@example.org
- You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified Content from the Site without liability to you or any other party.
- Data Stored on Our Servers. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site.
- ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED FROM ANOTHER USER OF THE SITE OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS LISTED AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- Through your use of the Site, you may have the opportunities to engage in commercial transactions with other Users and vendors. You acknowledge that all transactions relating to any products or Services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the other User and you. COMPANY IS NOT A PARTY TO ANY TRANSACTION YOU ENTER INTO WITH ANOTHER USER OF THE SITE. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED WITH OR THROUGH A THIRD PARTY OR OTHER USER, OR IN CONNECTION WITH THIS SITE OR WITH RESPECT TO ANY GOODS SOLD OR PURCHASED BETWEEN USERS OF THE SITE. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- Limitation of Liability & Indemnification
- The exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site by a User Account holder shall be limited to the amount of a one (1) month Subscription to the Site, regardless of when or how many claims are made. The above limitations apply whether such damages are based upon breach of contract, breach of warranty, tort, strict liability or otherwise.
- IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, STATUTORY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from, be related to, or be caused by your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Termination of Use
- Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms, failure to pay a Subscription fee, or for inactivity. If we learn of facts that reasonably lead us to conclude that you have engaged in or participated with others in engaging in any fraudulent, abusive or illegal activity through or relating to your use of the Site, we may, at our option, terminate access to the Site via your User Account, report your activities to appropriate governmental agencies or authorities, and take such other steps as we, in our sole discretion, deem appropriate.
- No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-13 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
- Miscellaneous Provisions
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither you nor Company has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
- International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
- Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in Richmond, Virginia, and the statutes and laws of the Commonwealth of Virginia shall be controlling, without regard to the conflicts of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court for the County of Henrico, Virginia or the U.S. District Court for the Eastern District of Virginia, Richmond Division with respect to such matters controlled by that court. You agree to waive any right to object to venue or personal jurisdiction in these Courts.
- Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to our address at Thatsreuseable.com, LLC 1717 E. Cary Street, Richmond, VA 23223, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
- No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Services provided through this Site, beyond the limited rights granted to you under Section 6 of these Terms.
- Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Savings Clause. 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.
- No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
- Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.