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TERMS AND CONDITIONS OF USE

Important Information

Please read the terms and conditions of use (‘Terms’) below before using ELECTROBAC's products, services, website and social media profiles (the 'Services'). The Services include the Electrobac bin (the “Bins”) where the context permits. By accessing and using the Services, you consent to and are bound by all the Terms set forth below as well as any other rules published, from time to time, on ELECTROBAC’s website at www.electrobac.com.

These Terms govern your access to and use of the Services, and any information, text, graphics, images, photographs, audio, video or other materials uploaded, downloaded or appearing on the Services as well as any electronics and other materials deposited in the Bins (‘Content’). Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.

You may use the Services only if you are capable of forming a binding contract with ELECTROBAC and are not a person barred from receiving the Services pursuant to the laws of Canada or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, provincial/state, national, and international laws, rules and regulations.

The Services provided by ELECTROBAC are constantly evolving and the form and nature of the Services may change from time to time without notice to you. Additionally, ELECTROBAC may interrupt or suspend (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without notice. ELECTROBAC also retains the right to create limits on the use and storage of information collected via the Services at ELECTROBAC's sole discretion at any time without prior notice to you.

The Services may include advertisements from ELECTROBAC and/or its third party affiliates. The types and extent of advertising on the Services are subject to change. ELECTROBAC is not necessarily affiliated with or endorsing such advertisers and their products and/or services. Such advertisers may be completely separate and independent from ELECTROBAC and ELECTROBAC assumes no responsibility for the manner in which they conduct business. ELECTROBAC, therefore, suggests that you inform yourself of their practices and policies concerning your use of their services.

Use of Services

ELECTROBAC assumes the ownership of the Content that users share via the Services and each user is responsible for the User Content he or she provides. When you submit any User Content to the Services, you represent and warrant that you have the right to do so. ELECTROBAC assumes no responsibility with regards to any User Content.

Subject to our Privacy Policy, when you submit Content to the Services, you confer on ELECTROBAC a non-exclusive, worldwide, unrestricted, irrevocable and perpetual royalty-free right to use, modify, copy, reproduce, publish, post, distribute, broadcast, display, create derivatives of, transfer, transmit, sell, assign, license or otherwise exploit such Content by any means deemed reasonable by ELECTROBAC in its sole discretion without your prior authorization. Additionally, you waive any moral right that you may have with regards to the Content.

Content submitted by any user of ELECTROBAC’s social media profiles, website or other Services represent the views and opinions of such user and is in no way representative of the views and opinions of ELECTROBAC. ELECTROBAC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services.

Intellectual Property Policy

It is strictly prohibited to download, print and/or reproduce the Content or any portion thereof for any commercial purpose, including without limitation, resale or distribution, without the prior written authorization of ELECTROBAC.

ELECTROBAC respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, please email us at info@electrobac.com.

ELECTROBAC reserves the right to remove from the Services any Content alleged to be infringing without prior notice and at ELECTROBAC's sole discretion.

Limitations on Use and User Content

Below are some of the limitations that ELECTROBAC may place on your use of the Services. ELECTROBAC may change these rules from time to time and reserves the right to do so without notice.

  • Privacy: You may not use the Bins to dispose of the property of a third party without their express written authorization.
  • Unlawful Use: You may not use the Services for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all laws of Quebec, Canada regarding online conduct and acceptable content.
  • Prohibited Content: You may not use the Bins to dispose of large electronics, non-electronic waste or any other materials that Electrobac, in its sole discretion, from time to time deems inappropriate for disposal in the Bins.

Spam and Abuse

ELECTROBAC strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated by ELECTROBAC and will result in permanent suspension. Any users engaging in the abusive activities specified below are subject to the permanent suspension of their accounts.

  • Other prohibited activities:
    •  accessing, tampering with, or using non-public areas of the Services, ELECTROBAC’s computer systems, or the technical delivery systems of ELECTROBAC’s providers;
    • probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
    • accessing or searching or attempting to access or search the Services by any means (automated or otherwise) other than through ELECTROBAC's currently available, published interfaces that are provided by ELECTROBAC (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with ELECTROBAC;
    • forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
    • publishing or linking to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
      • If you have attempted to contact users in a malicious or aggressive manner.
    • interfering with, or disrupting, (or attempting to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
    • spamming third parties. What constitutes “spamming" will evolve as ELECTROBAC responds to new behaviors and tactics employed by spammers. Some of the factors that ELECTROBAC takes into account when determining what conduct is considered to be spamming are:
      • If you have contacted a large amount of users in a short amount of time;
      • If you post misleading links;
      • If you post duplicate content over multiple accounts;
      • If you create false or misleading information;

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that ELECTROBAC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ELECTROBAC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTROBAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS,  OPPORTUNITY, DATA, USE, GOODWILL, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ELECTROBAC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Governing Law and Jurisdiction

These Terms and any legal action related thereto will be governed by the laws of the Province of Quebec without regard to or application of its conflict of law provisions or those of your province or country of residence or domicile. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Montreal, Quebec and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms and ELECTROBAC's Privacy Policy are the entire and exclusive agreement between ELECTROBAC and you regarding the Services (excluding any services for which you and ELECTROBAC have specifically concluded a separate agreement (“Special Agreements”) such as ELECTROBAC’s Service Contract), and these Terms supersede and replace any prior agreements between ELECTROBAC and you regarding the Services (excluding the terms of any such Separate Agreements).

ELECTROBAC may revise these Terms from time to time without notice. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by:

ELECTROBAC INC., 5425, Casgrain avenue,

Montreal, Quebec, Canada, H2T 1X6

If you have any questions or comments about these terms of service, please contact ELECTROBAC at info@electrobac.com

LAST UPDATED: June 25, 2014

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