TERMS OF USE OF REVERSE LOGISTICS GROUP AMERICAS (RLGA) WEBSITE
This website ("Website") is owned and operated by REVERSE LOGISTICS GROUP AMERICAS We provide this Website
as a free service to our customers. We reserve the right to revise these Terms and
Conditions from time to time as we see fit. As such, you should check these Terms
and Conditions periodically. Changes will not apply to any shipments already processed
unless the law requires. If you violate any of the terms of these Terms and Conditions
you will have your access canceled and you may be permanently banned from accessing,
viewing, browsing and using the Website. Accessing, browsing or otherwise using
this website confirms your agreement to all of our Terms of Use, so please take
time to read these Terms of use of our Website before proceeding. This service is
provided solely by REVERSE LOGISTICS GROUP AMERICAS, and not the OEM manufacturer. The OEM manufacturer
has no responsibility or liability for this service.
Use of this Website
Subject to the Terms of Use, RLGA, headquartered in Fremont, California, hereby
grants you a limited, revocable, non-transferable and non-exclusive license to access
and use the Website by displaying it on your internet browser only for the purpose
of processing Computer Hardware recycling orders and not for any commercial use
or use on behalf of any third party, except as explicitly permitted by RLGA in
advance. Any breach of these Terms of Use shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display,
sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer,
disassemble, decompile or otherwise exploit this Website or any portion of it unless
expressly permitted by RLGA in writing. You may not make any commercial use of
any of the information provided on the Site or make any use of the Website for the
benefit of another business unless explicitly permitted by RLGA in advance. RLGA
reserves the right to refuse service, terminate accounts, and/or cancel orders at
its discretion, including, without limitation, if RLGA believes that customer
conduct violates applicable law or is harmful to RLGA's interests. Creating links
from another website to any pages of this Website is prohibited without RLGA's
prior written consent. Permitted websites linking to this Website must comply with
RLGA's Terms of Use and with all applicable laws and regulations.
Take-Back Program Terms
Please review our
Take-Back Program Policy,
which also governs your use of our services. To the extent there is a conflict between
the terms of the Take-Back Program Policy and our Terms of Use, the Terms of Use
shall govern.
Intellectual Property
The Website design including any information, images, text, graphics, photos, logo,
or any other material displayed or that can be downloaded from our website is the
property of RLGA and is protected by copyright, trademark and other laws and may
not be used, copied, modified, or duplicated without the prior consent of RLGA.
Any unauthorized use of any information or materials from this website may violate
copyright laws, trademark laws, laws of privacy and publicity, and other laws and
regulations. RLGA, and its logo, and marks used or displayed on this website are
unregistered trademarks and service marks of RLGA. Nothing contained on this website
grants or should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of our trademarks, names, marks or logos displayed
on this website without the prior written permission by RLGA. You may not use
any of the RLGA trademarks or services marks in meta tags without RLGA's prior
explicit consent.
RLGA respects the intellectual property of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please follow
our Notice and Procedure for Making Claims of Copyright Infringement.
Privacy Policy
Please review our
Privacy Policy,
which also governs your visit to the Website. To the extent there is a conflict
between the terms of the Privacy Policy and the Terms of Use, the Terms of Use shall
govern.
Usage by Minors
This Website is not intended for or directed to persons who are minors (typically
persons under the age of 13, depending on where you live). By using this website
to recycle Computer Hardware, you represent to us that you are legally permitted
to enter into a binding contract (18 years of age or older in most jurisdictions)
or, if you are under the legal age of consent, you have the express permission from
your parent or guardian and that any information you provide to us is accurate,
and not deceptive or misleading.
External Links
This Website may contain links to other websites owned and operated by third parties.
You agree that RLGA is not responsible for the operation of or content located
on or through any such website.
Disclaimer and limitation of liability
This Website and the transactions conducted through it are provided by RLGA on
an "AS IS" basis. RLGA makes no representations or warranties of any kind, express
or implied, as to the operation of the Website or the information, content, materials,
or products included on the Website. To the full extent permissible under applicable
law, RLGA disclaims any and all warranties other than expressly set forth in these
terms and conditions, including warranties of merchantability and fitness for a
particular purpose. To the full extent permissible by applicable law, RLGA disclaims
all warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose, noninfringement, title,
quiet enjoyment, data accuracy and system integration. This site may include inaccuracies,
mistakes or typographical errors. RLGA does not warrant that the content will
be uninterrupted or error free. You expressly agree that your access to, viewing
of, browsing, visiting or use of the Website is at your sole risk. To the maximum
extent permitted by law, RLGA will not be liable for any damages of any kind arising
from the use of this site, including, but not limited to indirect, incidental, punitive,
exemplary, special or consequential damages. To the maximum extent permitted by
applicable law, RLGA's total liability to you for any damages (regardless of the
foundation for the action) shall not exceed in the aggregate the amount of fees
actually paid to RLGA to recycle the Computer Hardware you recycled using our
services. The foregoing limitation of liability shall apply whether in an action
at law, including but not limited to contract, negligence, or other tortious action;
or an action in equity, even if an authorized representative of RLGA has been
advised of or should have knowledge of the possibility of such damages.
Applicable Law
This Website is created and controlled by RLGA in the State of California. As
such, the laws of the State of California will govern these disclaimers, terms,
and conditions, without giving effect to any principles of conflicts of laws.
Indemnification
You agree to indemnify, defend, and hold harmless, RLGA, its affiliates, parents,
and their respective officers, directors, employees, agents, licensors, representatives,
and third party providers to the Website from and against all losses, expenses,
damages, and costs, including reasonable attorneys’ fees, resulting from any violation
of this agreement by you. RLGA reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter subject to indemnification by you,
in which event you’ll fully cooperate with RLGA in asserting any available defenses.
Disputes
Any dispute relating in any way to your visit to the Website or to the Computer
Hardware you recycle through the Website shall be submitted to confidential arbitration
in Alameda County, California, except that to the extent you have in any manner
violated or threatened to violate RLGA's intellectual property rights, RLGA
may seek injunctive or other appropriate relief in any state court located in Alameda
County, California or federal court located in the Northern District of California.
You hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to venue and jurisdiction in such state and federal
courts. Arbitration under these Terms of Use shall be conducted pursuant to the
Commercial Arbitration Rules then prevailing at the American Arbitration Association.
The arbitrator's award shall be final and binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under the Terms of Use shall be joined to an arbitration involving
any other party subject to these Terms of Use, whether through class action proceedings
or otherwise. 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 Website or these Terms of Use must be filed within one (1) year after such claim
or cause of action arose or be forever banned.
Severability
If any these provisions of these Terms of Use shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed several and shall not
affect the validity and enforceability of any remaining provision.
Last Update
The Terms of Use contained herein became officially effective September 22nd, 2010.
© 2010 REVERSE LOGISTICS GROUP AMERICAS, All Rights Reserved