Terms of service.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
These Terms of Use ("Terms") apply to your access to, and use of, any website of Tuesdays for Trash. These Terms do not alter the terms or conditions of any other agreement you may have with Tuesdays for Trash. If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity will be responsible to Tuesdays for Trash if you violate these Terms.
Tuesdays for Trash reserves the right to change or modify these Terms or any policy or guideline of the Site, at any time and in its sole discretion. If Tuesdays for Trash makes changes to these Terms, it will provide notice of such changes, such as by sending an email, by providing notice through the Site or by updating the "Last Updated" date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.
If you have any questions regarding the Site, please contact Tuesdays for Trash by emailing tuesdaysfortrash@gmail.com.
1. Privacy Policy
Please refer to our Privacy Policy for information about how Tuesdays for Trash collects, uses and discloses information from its users.
2. Eligibility, Registration
You may not use the Site if you are under the age of 13. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that your parent or guardian understands and agrees to them.
In order to participate in certain events and volunteer opportunities offered by Tuesdays for Trash and others, you may need to register through the Site. You agree to provide accurate, truthful, current and complete information when registering and promptly notify Tuesdays for Trash of any inaccurate information associated with your registration.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Tuesdays for Trash logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Tuesdays for Trash or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Tuesdays for Trash , is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Trademarks
"Tuesdays for Trash," the Tuesdays for Trash logos and any other service name or slogan contained on the Site are trademarks of Tuesdays for Trash and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tuesdasy for Trash or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Tuesdays for Trash" or any other name, trademark or service name of Tuesdays for Trash without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tuesdays for Trash and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Tuesdays for Trash in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tuesdays for Trash logo or other proprietary graphic of Tuesdays for Trash to link to the Site without the express written permission of Tuesdays for Trash. Further, you may not use, frame or utilize framing techniques to enclose any Tuesdays for Trash trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tuesdays for Trash’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tuesdays for Trash or any third party.
Tuesdays for Trash makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such websites are not under the control of and Tuesdays for Trash is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such websites. Tuesdays for Trash and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Tuesdays for Trash of any site or any information contained therein. When you visit other websites via links or embedded content, you should understand that Tuesdays for Trash’s terms and policies no longer govern and that the terms and policies of those third party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
6. Advertisements; Third-Party Products and Services
Tuesdays for Trash may display advertisements from third parties, such as Tuesdays for Trash sponsors, on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Tuesdays for Trash is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or advertisements or as the result of the presence of such non-Tuesdays for Trash advertisers or third-party information on the Site.
7. Submissions
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Tuesdays for Trash, the Site or Tuesdays for Trash’s services (collectively, "Submissions"). Submissions, whether posted to the Site or provided to Tuesdays for Trash by email or otherwise, are non-confidential and shall become the sole property of Tuesdays for Trash. Tuesdays for Trash shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Indemnification
You agree to defend, indemnify and hold harmless Tuesdays for Trash , its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
9. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY Tuesdays for Trash, THE SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Tuesdays for Trash DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. Tuesdays for Trash DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE Tuesdays for Trash ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, Tuesdays for Trash CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
10. Limitation of Liability
IN NO EVENT SHALL Tuesdays for Trash, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Tuesdays for Trash, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Tuesdays for Trash’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOLVE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOLVE FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Modifications to the Site
Tuesdays for Trash reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that Tuesdays for Trash will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
12. Arbitration and Venue
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU AND TUESDAYS FOR TRASH TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Tuesdays for Trash agree to arbitrate any dispute, claim or controversy arising from or related to these Terms or the Site, except that neither you nor Tuesdays for Trash is not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU AND Tuesdays for Trash FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Tuesdays for Trash agree: (a) to notify each other of any dispute within 30 days of when it arises and attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Portland, Oregon; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). You and Tuesdays for Trash also agree that the state and federal courts located in Portland, Oregon will have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration, and you both hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suits. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Tuesdays for Trash WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
13. Applicable Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, without resort to its conflict of law provisions.
14. Termination
Tuesdays for Trash reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.
15. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.