Last Modified: 5/18/17
We provide a Website that operates as a platform for spreading information about recycling and trash disposal in cities throughout the U.S. Additionally, we provide our local government partners with the ability to communicate relevant information about related government services and events.
Our Website is a resource to inform, inspire, and hopefully answer your burning questions.
This website is operated by Civil Agents, a d/b/a of Bertolo, Inc. Throughout this Agreement we use the terms “we”, “us”, “our”, or the “Company” to refer to Civil Agents. We refer to any person accessing or using this website and other services we provide as “You,” or the “User.” The following terms and conditions, together with any other legal agreements we reference (we call all of these the “Agreement”), govern your access to and use of our website, services, features, content, and applications offered by Civil Agents and found at www.recyclebycity.com (collectively the "Website” or “Services”), whether as a guest or a registered user.
This Website and the services we provide are offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
IN SHORT, by using www.recyclebycity.com you agree to all of the terms below. The website is only intended to be used by people 13 years of age or older.
2. ACCESSING THE WEBSITE:
We reserve the right to withdraw or amend this Website and/or services we provide through the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or other services are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for:
Making all arrangements necessary for you to have access to the Website.
IN SHORT, from time to time we update or change parts of our website. During these periods you may not be able to access these areas or the website as a whole. You agree that you will not hold us liable for your inability to access the website during these periods.
3. INTELLECTUAL PROPERTY RIGHTS:
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Crawl, scrape or harvest text or images from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
IN SHORT, we worked hard to create the website and its content that you’re viewing right now, and thus, it is protected by various intellectual property laws. You agree not to steal our hard work and pass it off as your own.
4. EMAIL CORRESPONDENCE:
IN SHORT, if you contact us, we may publicly or privately share correspondence we receive for educational or promotional purposes, or to enhance the services we provide. If you do not want us to do this, please indicate this in your email.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
IN SHORT, we own trademark rights in our name and our logo. You agree not to use the name or logo without our permission. Other brand names/logos that appear on our site are owned third-party companies.
6. PROHIBITED USES:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
IN SHORT, you agree to not use our website for illegal or disruptive purposes. If you’re curious as to what these forbidden illegal or disruptive purposes are, you can read about them above.
7. COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:
We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
IN SHORT, if you do something illegal, or questionably legal, and we receive a request from (a) law enforcement, and/or (b) a court to disclose your personal information, we have the right to do so, and you agree not to hold us liable for doing so.
8. IMAGES, VIDEOS, AND ARTICLES:
We may display images, articles, audio, and video (the “Material”) on the Website from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
IN SHORT, we want to make our website look nice and be informative. For everything we post, we either own or license the rights to do so, or are doing so under the belief that it is permitted under Fair Use.
9. COPYRIGHT NOTICES - DMCA REQUESTS:
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at email@example.com and we will address your concerns.
If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND ARTICLES, we believe that our use is legitimate and we may not remove it from the site. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Website.
To file a notice of infringement with us, you must provide a written communication by email to firstname.lastname@example.org with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
• For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
• Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
• For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
• Sign the document and email it to email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes your copyrights.
IN SHORT, if you think we have infringed on your copyrights, please send us an email with the requested items (see, bullet points to the left). As outlined by the DMCA notice requirements, we may ignore your request with impunity if the request isn’t formatted properly.
10. RELIANCE ON INFORMATION POSTED:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
IN SHORT, we will, from time to time, post informative articles, either written by us or one of our friends/partners. We do not warrant the accuracy of these articles or any advice contained in them. Everyone’s scenario is different, so some of the advice given may not be appropriate for you.
11. CHANGES TO THE WEBSITE:
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
IN SHORT, we do our best to keep content accurate, but some content on our website may be incomplete or out of date. Always double-check with an independent source if you’re unsure.
12. YOUR PERSONAL INFORMATION:
13. LINKS TO OTHER WEBSITES:
The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
IN SHORT, we are not responsible for the content of other websites that we link to, or that are linked to in advertisements on our website.
14. GEOGRAPHIC RESTRICTIONS:
The owner of the Website is based in the state of California, in the United States of America. We provide this Website for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
IN SHORT, we operate in the US and abide by US laws. We cannot make any representations as to whether your connection from outside the US will be legal/appropriate or not.
15. DISCLAIMER OF WARRANTIES:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.
IN SHORT, here’s the big one - the clause that looks like it’s shouting at you. Essentially, the Internet is inherently susceptible to viruses and security breaches. This clause limits our liability. We will take all reasonable safety precautions to ensure that your data is safe, and that our website is safe to use. However, you understand that our website is provided as is, without any warranties from us that it will necessarily be safe or free from viruses.
17. GOVERNING LAW:
IN SHORT, all legal action relating to this website must be brought by you in California State Court, in the City of Los Angeles, Los Angeles County. However, we reserve the right to bring a lawsuit in the country or county in which you reside. You also explicitly agree to the California court’s jurisdiction over you.
If you have any issue or dispute with the Company, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in Los Angeles County, CA. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
IN SHORT, if you have dispute with us, you agree to first try to resolve it informally. If this doesn’t work, you agree to enter into binding arbitration in Los Angeles County. You also agree to waive any rights to bring a class action lawsuit against us.
19. LIMITATION ON TIME TO FILE CLAIMS:
IN SHORT, you must bring disputes or claims within a year of discovering them, after which you are barred from bringing that claim/dispute.
20. WAIVER AND SEVERABILITY:
21. ENTIRE AGREEMENT:
YOUR COMMENTS AND CONCERNS:
This website is operated by Civil Agents, a d/b/a of Bertolo, Inc.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to email@example.com.
Get notified when your city gets with it.