Terms of Use

1. By using our Recycle Coach online solid waste and recycling information services (collectively, “Services”) provided through our software, web application, and any application software for any platform(iPhone, Android, etc.) that you may download from us (collectively, the“Software”), you have consented to these terms of use (“Terms of Use”). TheSoftware is the property of Municipal Media Inc. (“Municipal Media”, “us”,“we”, or “our”). If you do not agree to the Terms of Use, do not use thisSoftware or the Services.

2. Municipal Media, the Software, and the Services are offered as an independent service and are not affiliated with or endorsed by your local or other government. Do not contact your local or other government regarding the Software and the Services as it will be unable to assist you.

3. We reserve the right to change these Terms of Use at anytime without any notice to you. It is your responsibility to check these Terms of Use periodically for changes. The current version of these Terms of Use can always be found through the Software. Your continued use of the Software and/or the Services following the posting of changes will mean that you accept and agree to the changes. Additional terms and conditions may apply to specific portions or features of the Software and/or Services, including promotions or other similar features, all of which terms are made a part of these Terms ofUse by reference. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Software and the Services contained therein.

Integration with Other Software

4. For your convenience, the Software and the Services may provide links or pointers to third-party sites and software, including but not limited to the use of an “iframe” within a third-party website. We make no representations about any other websites that may be accessed from our Software and/or Services. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and software and accept no responsibility for such sites or software or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites or software.

Eligibility

5. By using the Software and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into theseTerms of Use and to abide by all of the terms and conditions set forth herein.

6. You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18years of age, to use the Software and Services. If you are between the ages of13 and 18 or the other applicable age of majority in your jurisdiction, you can use the Software or Services only under the supervision of a parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Software or Services.

7. If you are the parent or legal guardian of a child under the age of 18 (or other age of majority), you may use the Software or Services on behalf of such minor child. You represent and warrant that you are the parent or legal guardian of such child.

8. The Software is administered in Canada and intended for users in Canada, the United States, Australia, New Zealand and the UnitedKingdom; any use outside of these jurisdictions is at the user’s own risk and users are responsible for compliance with any local and other laws applicable to their use of the Services or the Software. Not all Services discussed, referenced, provided, or offered through or on the Software are available to all persons or in all geographic locations, or appropriate or available for use in your jurisdiction. Municipal Media reserves the right to limit the provision of any feature, product, or service to any person or geographic area without notice of restriction. Any offer for any feature or Services made on theSoftware is void where prohibited.

Content

9. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, games, quizzes, trivia, computer code and other content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Software or in theServices is owned and controlled by Municipal Media, and is protected by copyright, and trademark laws, and various other intellectual property rightsand competition laws. No part of the Software or Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, in any way (including “mirroring”) to any other computer, server, software or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. WITHOUT LIMITING THE FOREGOING PARAGRAPH, MUNICIPAL MEDIA SPECIFICALLY CLAIMS COPYRIGHT IN ALL CONTENT, IMAGES, AND ARTWORK ACCESSED THROUGH THE SOFTWARE AND SERVICES AND YOU ARE PROHIBITED FROM REPRODUCING THEMIN ANY FORM.

10. Certain features of the Software allow you to upload Content to the Software. You are under no obligation to access these features in order to use the Software. By uploading any Content (“User Generated Content”) to the Software, you agree: (i) to grant to Municipal Media, in perpetuity, a non-exclusive and royalty-free licence to publish, display, reproduce, modify, edit or otherwise use your User Generated Content, in whole or in part, on the Software or for any other reason; (ii) to waive all moral rights in and to your User Generated Content in favour of Municipal Media; and (iii)to release and hold harmless Municipal Media and its agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other cause of action that relate in any way to the User Generated Content. For greater certainty and the avoidance of any doubt, Municipal Media reserves the right, in its sole and absolute discretion and at any time, to modify or edit User Generated Content if a complaint is received with respect to the User Generated Content, or for any other reason. If such an action is necessary at any point, then Municipal Media reserves the right, in its sole and absolute discretion, to delete or remove the User Generated Content.

Your Use of the Software

11. You may not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Software, Services, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, the Services, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Software or the Services. We reserve the right to bar any such activity.

12. You may not attempt to gain unauthorized access to any portion or feature of the Software or the Services by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Software or Services or any network connected to theSoftware or Services, nor breach the security or authentication measures on the Software or Services or any network connected to the Software or Services. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Software or Services, or any other of our customers, including any Recycle Coach account not owned by you, to its source, or exploit the Software or Services or any service or information made available or offered by or through the Software, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Software or Services.

13. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Software or our systems or networks, or any systems or networks connected to the Software or to us.

14. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Software or any transaction or Service being conducted on the Software, or with any other person’s use of the Software or Services.

15. You may not disguise the origin of any message ortransmittal you send to us on or through the Software or any Services offeredon or through the Software. You may not pretend that you are, or that yourepresent, someone else, or impersonate any other individual or entity.

16. You may not use the Software or Services for any purposethat is unlawful or prohibited by these Terms of Use, or to solicit theperformance of any illegal activity or other activity which infringes ourrights or the rights of others.

17. You may not post any content to the Software which is inappropriate, offensive, or untrue. The information that you provide us must be true, correct, accurate, and reliable. You must not, either through any act (including but not limited to posting your personal details on the Software) or omission, mislead, or deceive anyone while using the Software or Services.

No Warranty

18. Although we make best efforts to ensure that the content and other information presented to you through the Software and Services is accurate, we make no guarantees, representations, covenants, promises, or warranties, whether expressed or implied, with respect to the accuracy of any information provided on or through the Software and Services, or with respect to its consistency with waste management and recycling practices of your local or other government. If you choose to rely on information provided on or through our Software and Services, you do so at your own risk.

19. The information provided on our Software and Services isNOT intended as a substitute for regular communication with your local government. DO NOT USE THIS SOFTWARE OR SERVICES FOR INDUSTRIAL SOLID WASTE AND RECYCLING INFORMATION, OR FOR INFORMATION REGARDING THE DISPOSAL OF POLLUTANTS OR OTHER POTENTIALLY HAZARDOUS MATERIALS. For the purpose of these Terms of Use, “Pollutants” means: (i) radioactive materials; (ii)explosives; (iii) any substance that, if added to any water, land and/or air, would degrade or alter or form part of a process of degradation or alteration of the quality of that water, land and/or air, to the extent that it is detrimental to its use by human beings or by any animal, fish or plant; (iv)any solid, liquid, gas, micro-organism, sound, vibration, ray, heat, radiation, odour or combinations of any of them that is likely to alter the quality of the environment (including air, land and water) in any way and that is present in the environment in a quantity or concentration in excess of regulatory standards, or the presence of which in the environment is prohibited by regulation or is likely to affect the life, health, safety, welfare or comfort of human beings or animals or to cause damage to or otherwise impair the quality of the soil, vegetation, wildlife or property; (v) toxic substances;(vi) substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any relevant governmental authority; (vii) any substance the use or transportation of which or the release of which into the environment is prohibited, regulated, controlled or licensed under environmental legislation; (viii) anything contaminated by any other Pollutant; and (ix) bio-medical waste. Use the information provided on our Software andServices at your own risk. Nothing stated or posted on our Software andServices in any circumstances is intended to be, and must not be taken to be, a substitute for speaking with waste management staff at your local government.

20. You are strongly advised to perform your own investigation prior to disposing of Pollutants or other unusual materials the proper method for disposing of such materials.

21. Municipal Media has no control over and cannot guarantee that solid waste or recycling materials will be collected in accordance with information accessed on or through the Software. There may be instances in which information accessed on or through the Software and Services is inaccurate or incomplete due to circumstances beyond our control. We will not be liable for cancelled or otherwise uncollected waste pickups or any injury orLosses (defined below) or financial damages resulting therefrom, or for any other injury or Losses or financial damages resulting from the use of the Software or Services whatsoever.

22. All solid waste and recycling pickup schedules, policies, disposal information, and all other information found on or accessed through the Software are subject to change by Municipal Media without notice to you.

23. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND/OR THE SOFTWARE, THEIR CONTENT, AND ANY ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR THE SERVICES IS AT YOUR OWN RISK. THE SOFTWARE, THE SERVICES, THEIR CONTENT, AND ANY ITEMS FOUND OR ATTAINED THEREIN OR THEREON ARE PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER MUNICIPAL MEDIA NOR ITS PARENT, SUBSIDIARIES,AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES,THE SOFTWARE, OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER MUNICIPAL MEDIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS,OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SOFTWARE, THE SERVICES, THEIR CONTENT, OR ANY ITEMS FOUND OR ATTAINED THEREIN OR THEREON WILLBE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES OR SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND THE SOFTWARE AND YOUR COMPUTER,INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOTBE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK,DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OF SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THEREON OR THEREIN OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Accounts, Passwords, and Security

24. Certain features or services offered on or through the Software or Services require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify us immediately in writing of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Software or Services due to someone else using your Recycle Coach username, password, or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Recycle Coach username, password, or account at any time without that person’s express permission.

Privacy

25. Our Privacy Policy applies to use of this Software and Services, and its terms are made a part of these Terms of Use by this reference. The current version of our Privacy Policy can always be viewed through the Software.

Modification of Services and Interruptions

26. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Software or Services, or any portion of the Software or Services, for any reason; (2) to modify or change the Software or Services, or any portion of the Software or Services, and any applicable policies or terms; and (3) to interrupt the operation of the Software or Services, or any portion of the Software or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

27. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MUNICIPAL MEDIA NOR ITS PARENT, SUBSIDIARIES,AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SOFTWARE, THE SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY RELATED OR ASSOCIATED CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnity

28. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Municipal Media, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Software and/or Services, including, but not limited to, any use of the Services’ or Software’s content, services, and products other than as expressly authorized in these Terms of Use.

Violation of These Terms of Use

29. As further disclosed in our Privacy Policy, we reserve the right to disclose any information we have about you if such disclosure is necessary in order to (1) comply with a court order or other legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect our rights, property, or personal safety or those of our employees, users, of or visitors to the Software and Services, and the public.

30. We may terminate and/or suspend your Recycle Coach account immediately, without notice, if there has been a violation or potential violation of these Terms of Use or other policies and terms posted on theSoftware or Services by you or by someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any termination of your access to the Software and/or the Services. You agree not to attempt to use the Software and/or the Services after any such deletion, deactivation, or termination. You also agree that any violation by you of theseTerms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

31. We may, in our sole discretion and without prior notice to you, terminate your access to the Software or Services, including, but not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Software or any Services offered on or through the Software, (4) unexpected technical issues or problems, or (5) any other reason.

32. If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us.

Governing Law; Dispute Resolution

33. You agree that all matters relating to your access to or use of the Software, including all disputes, will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from these Terms of Use, the Software, Services, or Content shall be determined by and the parties attorn to the Court of competent jurisdiction in the City of Toronto, Province of Ontario, Canada.

Miscellaneous

34. If any of the provisions of these Terms of Use are held by a Court of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

35. These Terms of Use constitute the entire agreement between you and us with regard to your use of the Software, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

36. We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. TheseTerms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

The information contained in this Software or the Services is subject to change without notice.