1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications (the “Service”) offered by Green Waste Solutions, LLC (herein referred to as “MY ECO,” “we,” “us,” “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service (“Modifications”). If you do not agree to such Modifications, your sole recourse is to immediately stop all use of the Service. If, at any time, these Terms are no longer acceptable to you, you should immediately cease all use of the Service. If a revision to these Terms, in our sole discretion, is material, we will notify you via a posting to our Website or e-mail to the email address associated with your account. By continuing to access or use the Service after the revisions become effective, you agree to be bound by the revised Terms.
2. Content
“Content” as used herein, means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
3. Use of the Service
You may use the Service only as set forth herein, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). You agree to provide accurate, current and complete information about yourself as prompted by the registration process for using the Service, and to notify us at privacy@getmyeco.com of any unauthorized use of your name (“User Name”), password, other account information, or any other breach of security of which you become aware relating to the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. MY ECO will not be liable for any loss or damage arising from your failure to comply with these requirements.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by MY ECO on the Service are subject to change. In consideration for MY ECO granting you access to and use of the Service, you agree that MY ECO and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
4. Registration
You may browse the getmyeco.com website (the “Website”) but as a condition to using certain aspects of the Service, you are required to register with MY ECO and become a “Member”. When you register to become a Member, you hereby represent, warrant and covenant that (a) you will provide MY ECO with accurate, truthful, and complete registration information (including, but not limited to your User Name, e-mail address and a password you will use to access the Service) and (b) you will keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your MY ECO account.
You shall not:
- provide any false personal information to MY ECO (including a false User Name) or create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or MY ECO account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
MY ECO reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your MY ECO password. You shall never use another Member’s account without such other Member’s prior express permission.
In order to register for the Service, you represent and warrant that you are of legal age to form a binding contract and become subject to these Terms. The Service is not available to individuals who are younger than 13 years old. MY ECO may, in its sole discretion, refuse to offer the Service to any person and may also change its eligibility criteria at any time. You further hereby acknowledge and agree that, in the event that the Service or use of the Service or access to the Website is prohibited or becomes prohibited in any jurisdiction to which you are subject, your right to access is revoked, and you agree not to use or access the Website or Service in any way.
5. Content
In using the Site, you may have the opportunity to post and/or share certain content, text, pictures, profile information (collectively referred to as the “Member Content”). By submitting, posting or displaying your Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), for any purpose whatsoever, without compensation to you or any other provider of the Member Content (and you waive your moral rights in the same). You acknowledge that to the extent that you include personally identifiable information in your Member Content, we may republish such information. You should only provide Content that you are comfortable sharing with others under these Terms.
Although MY ECO has no obligation to monitor the Member Content, you acknowledge and agree that we may do one or all of the following: (i) monitor the Member Content; (ii) alter, edit, or remove any Member Content in whole or in part; (iii) refuse to accept, post, display or transmit any Member Content; or (iv) disclose any Member Content, including but not limited to disclosing Member Content to law enforcement authorities in connection with the investigation of a possible violation of this Agreement.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will MY ECO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
6. Rules
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users or third parties. You understand that your Content may be republished and if you do not have the right to submit Content to MY ECO, your submission of such Content may subject you to liability. MY ECO will not be responsible or liable for any use of your Content by MY ECO except in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
We reserve the right at all times (but will not have an obligation) to remove or refuse to post any Content on the Service and to terminate user access. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any Applicable Law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MY ECO, its users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content or use the Service in violation of any Applicable Law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-U.S. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people’s private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; (viii) access or tamper with non-public areas of the Service, MY ECO’s computer systems, or the technical delivery systems of MY ECO’s providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by MY ECO (and only pursuant to those terms and conditions); (xi) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or (xii) take any other action or fail to take any action that results in any improper use of the Site or violation of this Agreement, as determined by MY ECO in its sole discretion.
7. Sign-In Credentials
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using any other user’s account; (4) refrain from selling, trading, or otherwise transferring your MY ECO account to another party; and (5) refrain from charging anyone for access to any portion of MY ECO, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please email help@getmyeco.com.
8. Proprietary Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of MY ECO and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the MY ECO name or any of the MY ECO trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Copyright Policy
MY ECO respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with Applicable Law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent (as set forth below) with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
GREEN WASTE SOLUTIONS, LLC
Attn: Copyright Agent
363 Bloomfield Avenue, Suite 2F
Montclair, NJ 07042
Email: copyright@getmyeco.com
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, MY ECO will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Privacy
MY ECO values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by MY ECO. You can opt-out of most communications from MY ECO including our newsletters, emails and other marketing communications by unsubscribing using the link in the email message.
11. Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are 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 MY ECO 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.
12. Disclaimers; Indemnity
YOUR ACCESS TO AND USE OF THE SERVICE OR ANY CONTENT APPEARING ON OR ASSOCIATED WITH THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, MY ECO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. MY ECO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT MY ECO HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY ECO OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MAKE HEREIN.
MY ECO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF PERSONS SUBSCRIBING TO THE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICE BY USERS. THEREFORE MY ECO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY ECO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; 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 MY ECO 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. IN NO EVENT WILL THE SERVICE’S TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES UNDER THIS AGREEMENT EXCEED THE GREATER OF ANY FEES PAID BY YOU UNDER THIS AGREEMENT OR $100.00.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
13. General Terms
These Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to or application of its conflict of law provisions or your state or country of residence. Except with regard to a dispute requiring injunctive relief, any claim, dispute or controversy arising under this Agreement shall be submitted by the parties to arbitration by the American Arbitration Association in the city of Newark, New Jersey under the commercial rules then in effect for that association. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in New Jersey, New Jersey and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and obligation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Service, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Green Waste Solutions LLC for any third party that assumes our rights and obligations pursuant to these Terms.
These Terms are the entire and exclusive agreement between MY ECO and you regarding the Service (excluding any services for which you have a separate agreement with MY ECO that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between MY ECO and you regarding the Service.
The failure of MY ECO to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Service is operated and provided by GREEN WASTE SOLUTIONS, LLC, 363 Bloomfield Avenue, Suite 2F, Montclair, NJ 07042. If you have questions about these Terms, please contact us at feedback@getmyeco.com.