Terms Of Use
Acceptance of Terms of Use
recycler.com provides a collection of online resources, including classified listings, advertising, email services, and links to third party sites (referred to hereafter as "the Service"), available at the URL www.recycler.com and on affiliated sites (all collectively and individually the "Site"), that are subject to the following terms of use and to our Privacy Policy (hereinafter both "Terms"). By using the Site or the Service in any way, you agree to comply with these Terms which constitute a contract between you and the owner of the Site. You also consent to the collection of information and use of that information as described in the Terms from time to time applicable. In particular you agree to the collection of and use of your contact information, including addresses, telephone numbers, and ZIP Codes as described therein. Should you object to any term or condition of these Terms or any subsequent modifications thereto or become dissatisfied with the Site in any way, by agreeing to these Terms you also agree that your only recourse is to immediately discontinue use of the Site and the Service. You also agree that the Site and its owner will not be held be liable for any loss or damage for your non-compliance or for the non-compliance of any other person.
These Terms may be updated by recycler.com at any time and from time to time. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.recycler.com/. You understand and agree that unless expressly stated, the Site in no way controls, verifies or endorses any of the information contained on or in the Site or Service including listings, links, messages, and advertisements. Please report any violation of these Terms to feedback@recycler.com
Registration
Although registration is not required to use the Service or access the Site, if you decide to register you must complete the recycler.com registration process. If you choose to register, you must submit a valid e- mail address (username) and password during the registration process and be at least 18 years of age You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify recycler.com at feedback@recycler.com immediately of any unauthorized use of your account.
recycler.com reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who violate the Terms by appropriating the name, likeness, email address, or other personally identifiable information of another individual of for any other reason in its sole discretion.
Copyright
All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example, advertisements, text, photographs, images, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by or licensed to us or our affiliated companies, licensors and suppliers, or in case of certain logos and trademarks (but NOT advertisements, text, photographs or images) our customers and their affiliates. You may use the Content solely for your personal, non- commercial use, and you may download or print a single copy of any portion of the Content for your personal use. No other use is permitted.
User Provided Information and Content
By providing information to us and/or placing material on this site, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide; (2) all information you provide is true, accurate, current and complete, and does not violate the Terms; and, (3) the content will not cause injury to any person or entity or violate applicable Federal and state laws and regulations.
For all such information and material, you grant us and our affiliates and related entities, including our affiliated newspapers and other media and any licensees (collectively, "Affiliates"), a royalty-free, perpetual, irrevocable, exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such material, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across any or all affiliated websites or publications, to include the information in a searchable format accessible by users of the Site and other websites or publications of ours and our Affiliates, and to use your name and any other information in connection with our use of the material you provide. You also grant us and our Affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever
Placing an Ad
The following terms apply to all ads placed with us:
Private Party and Dealer or Commercial Ads: A private party is an individual not regularly engaged in a commercial or business activity (as we may in our sole and absolute discretion determine) selling or giving away his/her personal item(s), or seeking to buy or acquire an item for personal use. A commercial enterprise or dealer is an individual or entity engaged in a commercial or business activity. We reserve the right to delete any ad which does not otherwise comply with our policies and these Terms. All persons placing ads are subject to the laws, rules, and regulations of Federal, state, and local authorities and are responsible for making sure that their ads comply with all of these laws, rules, and regulations. Neither the Site nor its owner or any agent, Affiliate, or representative is authorized to practice law in any jurisdiction and therefore cannot advise an advertiser with respect to the legality of a particular ad or its contents in any jurisdiction – for legal advice please consult with local counsel. Links to Fair Housing and other sites provided on the Site are for convenience and do not represent a complete and comprehensive resource for all Federal, state, and local laws, rules, and regulations that apply to a particular ad or advertiser.
Advertisements will not be published until payment is received. We offer a variety of ad packages. For information about the ad packages available to private parties, click the "Place An Ad" tab on our home page. By placing an ad through our Place An Ad service, you agree to pay the fees specified in the package you select, regardless of whether your item sells as result of the ad. Take care in selecting your ad package and entering your ad information.
Sales are final. No Refunds: We are not responsible for errors made in submitting advertising. If there is an error in any advertisement placed online, it is the responsibility of the person placing the ad to notify us or to otherwise modify the ad. For material errors caused by us, users will receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed (maximum one week). All such credit applied to future advertising only – NO REFUNDS.
Posting Rules
We reserve the right to remove any content posted on the Site at any time for any reason. Listed below are some, though not all, of the reasons we may delete postings. You agree not to do any of the following actions while posting to the Site: (1) harass, threaten, embarrass, slander, or violate any right of any person or entity; (2) transmit any information, data, text, files, links, software, chat, communication or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially discriminatory, or otherwise objectionable; (3) impersonate any business or person; (4) violate any applicable law or regulation, copyright, or other legal or contractual agreement or obligation; (5) propagate or assist in the propagation of any virus, worm, ponzi scheme, multi level marketing program, chain letter, or other, similar activities; (6) encourage or facilitate activities that may violate local, state or federal laws; or (7) may be harmful to minors.
Neither we nor our advertisers are responsible for errors in copy. No liability is assumed by us for errors or omissions of advertisers. Advertisers who report our errors within the first week of insertion may ask for credit of up to one additional week's advertising, depending upon the severity of our error. All items are subject to prior sale and all ads expire on last date of posting. Vehicle sales prices are plus sales tax, license fees, documentary fees, governmental / DMV charges, smog fees and finance charges if applicable. See specific advertisements for applicable additional disclaimers. No credits will be issued once a vehicle picture is taken or an ad is posted.
Communications with Third Parties Through This Site
Your dealings or communications through this site with any party other than us are solely between you and that third party. Under no circumstances will we be liable for any goods, services, resources, or content available through such third party dealings or communications, or for any harm related thereto. All users are cautioned to verify the actual identities of persons with whom they correspond. By your use you consent to our monitoring of such communications should we chose to do so at any time and from time to time and agree that we may regulate the volume or content of any or all such communications in our sole discretion.
General Disclaimer and Limitation of Liability
USE OF THIS SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE EMPLOYEES OR AGENTS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR WORM THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THIS SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF $100, INCLUSIVE OF ALL OCCURANCES.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, US, OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, INVASION OF PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THIS SITE; (2) INFORMATION OR MATERIAL POSTED OR TRANSMITTED BY YOU; AND, (3) ANY VIOLATION OF THESE TERMS BY YOU.
International Users
If you access this site from a location outside the United States, you are responsible for compliance with all applicable laws including laws of your jurisdiction and U.S. export laws and regulations.
Miscellaneous
We reserve the right to change these Terms at any time and from time to time in our discretion and to notify users of any such changes solely by changing this Terms. Your continued use of this Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.
We may modify, suspend, discontinue, or restrict the use of any portion of this Site and our Services including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. We may at any time transfer our rights under these Terms to any person.
These Terms will be governed by the laws of the State of New York applicable to contracts entered into and performed wholly within the State of New York (without regard to conflicts rules). You hereby agree that any claim you may have with respect to this site must be filed in a federal or state court located in New York, New York within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You irrevocably waive any right to a jury trial and agree to the jurisdiction and venue of these courts with respect to all matters arising with respect to these Terms or the Site and Service. You consent to service of process by mail. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms or related right(s) shall not constitute a waiver of that right or provision.
Terms and Conditions for RECYCLER.com and TMPi Products and Services
IF YOU RELY ON RECYCLER and www.RECYCLER.com OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH RECYCLER and www.RECYCLER.com AND/OR TMPi YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER OUR SITES, PUBLICATIONS OR OTHER ADVERTISING SERVICES. OUR PRODUCTS ARE PROVIDED TO THE BUYER "AS IS” AND “AS AVAILABLE." RECYCLER and www.RECYCLER.com AND THEIR AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH OUR WEBSITES, PRINT PRODUCTS, OR SERVICES (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH OUR WEBSITES, PRINT PRODUCTS, NETWORKS OR OTHER SERVICES). NOR DO WE OR THEY GUARANTEE THAT OUR WEBSITES, PRINT PRODUCTS, OR OTHER SERVICES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE. USER PROVIDED CONTENT, INCLUDING BUT NOT LIMITED TO REVIEWS ARE NOT THE SUBJECT OF ANY GUARANTEE OF ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. WE REQUIRE A WAY FOR USERS TO OPT OUT OF DATA COLLECTION / AD TARGETING. IF YOU ARE NOT AN NAI OR IAB MEMBER, YOU MUST INCLUDE YOUR OWN COOKIE OPT OUT OPTION WITHIN YOUR PRIVACY POLICY.
UNDER NO CIRCUMSTANCES WILL RECYCLER and www.RECYCLER.com OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OUR WEBSITES AND PUBLICATIONS OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON OUR WEBSITES OR PUBLICATIONS, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR LIABILITY AND THAT OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO RECYCLER and www.RECYCLER.com WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF RECYCLER and www.RECYCLER.com OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM COSTS, LIABILITIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARRISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, AND AGREE THAT, IN THE EVENT OF ANY DISPUTE OR LEGAL PROCEEDINGS INVOLVING YOU, TMPi, RECYCLER.COM, THEIR ADVERTISERS, AND/OR THEIR AFFILIATES, YOU WAIVE TO THE FULL EXTENT PERMITTED BY LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND INSTEAD CONSENT TO ARBITRATION BEFOR THE AMERICAN ARBITRATION ASSOCIATION AT LOS ANGELES, CALIFORNIA. YOU FURTHER WAIVE ANY RIGHT TO PARTICIAPATE IN ANY CLASS ACTION LAWSUIT(S) BROUGHT BY YOU OR ANY OTHER PERSON(S) AGAINST SUCH PERSON(S) NOW OR IN THE FUTURE. YOU AGREE THAT THE LAWS OF THE STATE OF NEW YORK APPLY WITHOUT REFERENCE TO CONFLICTS OF LAW.AFTER INITIAL TERM PRICES AND TERMS MAY BE VARIED ON 7 DAYS WRITTEN NOTICE. TERMS AND CONDITIONS OF USE ON APPLICABLE WEBSITES ALSO APPLY AND MAY BE VARIED AS PROVIDED THEREIN.