| Terms & Conditions
The following are terms of a legal agreement between you and Retail Recyclers. using, browsing and/or using this site ("Site"), you acknowledge
that you have read, understood, and agree, to be bound by these
terms and to comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do
not agree to these terms, do not use this Site. The material provided
on this Site is protected by law, including, but not limited to,
United States Copyright Law and international treaties. This Site
is controlled and operated by Retail Recyclers within the United
States. Retail Recyclers makes no representation that materials in
the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with applicable local laws. Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the
laws of the state of Tennessee.
- COPYRIGHTS AND TRADEMARKS. - The copyright
in all material provided in connection is held by Retail Recyclers
or by the original creator of the material. Except as stated herein,
none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of Retail Recyclers or the copyright owner. Permission
is granted to display, copy, distribute and download the Retail Recyclers materials for personal, non-commercial use only, provided
you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. This
permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy
any downloaded and printed materials. You also may not, without
Retail Recyclers's permission, "mirror" any material contained
on its site on any other server. Any unauthorized use of any material
contained on the Retail Recyclers site may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
- DISCLAIMER OF WARRANTIES. Retail Recyclers MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SERVICES, OR THE PERFORMANCE OR RESULTS OF
USE THEREOF. Retail Recyclers HEREBY DISCLAIMS, AND MAKES NO, IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- DISCLAIMER OF DAMAGES.Retail Recyclers SHALL
HAVE NO LIABILITY WITH RESPECT TO THE SERVICES OR OTHERWISE FOR
ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE, EVEN IF Retail Recyclers HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
- LIMITATION OF LIABILITY. Retail Recyclers' TOTAL
LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING
WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO A FULL
REFUND OF ANY FEE PAID BY YOU FOR THE SERVICES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
- SEVERABILITY. If any provision of this Agreement
is determined to be invalid, illegal or unenforceable, the remaining
provisions of this Agreement will remain in full force, and the
invalid, illegal, or unenforceable provisions are hereby deemed
amended to the minimum extent necessary to render them valid,
legal, and enforceable, as determined by a court of competent
jurisdiction.
- ENTIRE AGREEMENT. This Agreement constitutes
the final agreement between the parties. It is the complete and
exclusive expression of the parties' agreement on the matters
contained in this Agreement. All prior and contemporaneous negotiations
and agreements between the parties on the matters contained in
this Agreement are expressly merged into and superseded by this
Agreement. The provisions of this Agreement cannot be explained,
supplemented or qualified through evidence of trade usage or a
prior course of dealings. In entering into this Agreement, neither
party has relied upon any statement, representation, warranty
or agreement of any other party except for those expressly contained
in this Agreement.
- GOVERNING LAW, JURISDICTION AND VENUE. The
laws of the State of Tennessee (without giving effect to its conflict
of laws principles) govern all matters arising out of or relating
to this Agreement and the transactions it contemplates, including,
without limitation, its interpretation, construction, performance,
and enforcement. Except as set forth below concerning arbitration,
any claims or actions regarding or arising out of this Agreement
shall be brought exclusively in a court of competent jurisdiction
sitting in Nashville, Tennessee, and each party to this Agreement
submits to the nonexclusive jurisdiction of such courts for the
purposes of all legal actions and proceedings arising out of or
relating to this Agreement. Each party waives, to the fullest
extent permitted by law, any objection that it may now or later
have to (i) the laying of venue of any legal action or proceeding
arising out of or relating to this Agreement brought in any state
or federal court sitting in Nashville, Tennessee; and (ii) any
claim that any action or proceeding brought in any such court
has been brought in an inconvenient forum.
- DISPUTE RESOLUTION. Any controversy or claim
arising out of or relating to this Agreement, or any breach thereof,
must be settled by confidential binding arbitration
in Nashville, Tennessee in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction
thereof. Either party may, without inconsistency with this agreement
to arbitrate, seek from a court any provisional remedy that may
be necessary to protect trademarks, copyrights, or other rights
or property pending the establishment of the arbitral tribunal
or its determination of the merits of the controversy.
- RECOVERY OF LITIGATION COSTS. If any legal
action or other proceeding is brought pursuant to or in connection
with these terms or any transaction involving you and Retail Recyclers, then, if Retail Recyclers is the prevailing party, it is
entitled to recover from you its reasonable attorneys' fees and
other costs incurred in that action or proceeding, in addition
to any other relief to which it or they may be entitled.
|