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”). The Software 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 this Software.

2. Municipal Media, the Software and the Services are offered as an independent service and are not affiliated with or endorsed by your local government. Do not contact your local 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 any time without any notice to anyone. 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 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, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this 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.

Integration with Other Software

4. Our Software may be integrated with other independent third-party software and websites, including but not limited to the use of an “iframe” within a third-party website. This third party software is not under our control, and we are not responsible for and do not endorse the content of such software, including any information or materials contained on or through such software. You will need to exercise your own independent judgment regarding your interaction with this software.

Eligibility

5. By using the Software, you represent and warrant that you have the right, authority, and capacity to enter into these Terms 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 18 years of age, to use the Software and Services. If you are between the ages of 13 and 18 or the 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, 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 United Kingdom; any use outside of these jurisdictions is at the user’s own risk and users are responsible for compliance with any local 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. Any offer for any feature or Services made on the Software is void where prohibited.

Content

9. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (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 is owned and controlled by Municipal Media, and is protected by copyright, and trade-mark laws, and various other intellectual property rights and unfair competition laws. No part of the Software 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, MUNICIAL MEDIA SPECIFICALLY CLAIMS COPYRIGHT IN ALL IMAGES AND ARTWORK ACCESSED THROUGH THE SOFTWARE AND YOU ARE PROHIBITED FROM REPRODUCNG THEM IN 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 license 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, trade-mark infringement or any other intellectual property related 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 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 or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Software. 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 by hacking, password mining, or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Software or any network connected to the Software, nor breach the security or authentication measures on the Software or any network connected to the Software. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Software, or any other of our customers, including any Recycle Coach account not owned by you, to its source, or exploit the Software 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.

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.

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

16. You may not use the Software or Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights 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 information presented to you through the Software 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, or with respect to its consistency with waste management and recycling practices of your local government. If you chose to rely on information provided on or through our Software, you do so at your own risk.

19. The information provided on our Software is NOT intended as a substitute for regular communication with your local government. DO NOT USE THIS SOFTWARE FOR INDUSTRIAL SOLID WASTE AND RECYCLING INFORMATION, OR FOR INFORMATION REGARDING THE DISPLOSAL 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 at your own risk. Nothing stated or posted on our Software 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 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 or Losses (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.

Accounts, Passwords, and Security

23. Certain features or services offered on or through the Software require you to open an account (including setting up a user name 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 due to someone else using your Recycle Coach user name, 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 user name, password, or account at any time without that person’s express permission.

Privacy

24. Our Privacy Policy applies to use of this Software, 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.

Disclaimers

25. WE DO NOT PROMISE THAT THE SOFTWARE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE WILL PROVIDE SPECIFIC RESULTS. THE SOFTWARE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SOFTWARE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM OR THROUGH THE SOFTWARE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SOFTWARE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SOFTWARE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SOFTWARE, SERVICES, OR ANY CONTENT IS TO STOP USING THE SOFTWARE, SERVICES, OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

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 any portion of the Software, for any reason; (2) to modify or change the Software, or any portion of the Software, and any applicable policies or terms; and (3) to interrupt the operation of the Software, or any portion of the Software, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

27. We will not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Software, any Services, or any Content, our liability shall in no event exceed CAD$250.

Indemnity

28. You agree to indemnify and hold us and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, legal and professional advisors, subsidiaries, and affiliates, harmless from any and all direct and indirect demands, losses, liability, claims, or expenses (including legal fees), (collectively, “Losses”) made against us by any third party due to or arising out of or in connection with, directly or indirectly, your use of the Software.

Violation of These Terms of Use

29. 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 the public.

30. We may terminate and/or suspend your Recycle Coach account immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Software 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, but will attempt to notify you in advance of such cancellation or suspension. 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 these Terms 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, for cause, including, but is 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, or (4) unexpected technical issues or problems.

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. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Municipal Media shall be free to use such information on an unrestricted basis.

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