TERMS OF SERVICE
The terms of service aka TOS herein and conditions of use aka COS herein, that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth below. By using this Website or submitting communications or User Content to us, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and SJCR and/or our applicable business divisions and/or affiliates (collectively, “GEMCUSA, ReLeaf, PMS, GLS and any other affiliates ”, “us”, “our” or “we”). Please read these conditions carefully. This website is operated by St. Joe County Recycling, L.L.C. aka SJCR herein. Throughout the site, the terms “we”, “us” and “our” refer to SJCR. SJCR offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”, “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These TOS apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these TOS carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TOS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these TOS are considered an offer, acceptance is expressly limited to these TOS.
Any new features or tools added to the current store/website shall also be subject to the TOS. You can review the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of these TOS by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. This subscriber program is limited to the residents of the unincorporated parts of St. Joseph County and all residents in these areas have address numbers of 5 digits. Any address of 4 digits or less is not eligible for this program. Any subscriber that pays for the program that is not eligible shall receive a refund minus administrative fees of $ 49.00 within 35 days of discovery and verification of deposit/funds received payment. You clearly understand and agree that if you are an ineligible or misclassified subscriber, SJCR has no obligation whatsoever to provide any product/service/e and refunds are strictly subject to our refund policy. If you purchase a subscription that is discovered to be invalid for any reason you shall not receive any refund.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to any of our interests, or businesses, or their customers, affiliates, licensors, licensees or business partners.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these TOS, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses
or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You agree that your use of the site is strictly for consumer use and not for commercial competition.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. However, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable you or to any third party for any modification, price change, suspension or discontinuance of the Service. We shall satisfy all services sold prior to these changes. Prices are subject to all of the guidelines herein and at www.sjclp.com.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to a refund only according to our Refund Policy. We have made every effort to define, describe and/or display as accurately as possible, the features of our products and services that appear in the store. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, jurisdiction, township and/or zone. We
may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product pricing, service/s, service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product and/or service at any time. Any offer for any product or service made on this site is void where prohibited. Our only warranty is that the quality of any products, services, information, or other material purchased or obtained by you will meet guidelines herein or on www.sjclp.com or that any errors in the Service will be corrected strictly according to Policies and Rules at www.sjclp.com and as stated herein.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, per neighbor/subdivision or per order. These restrictions may include orders placed by or under the same customer account, different email addresses, the same credit card, and/or orders that use the same or different billing and/or shipping/service address/es. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors, dealers, distributors or resellers. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third- party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices, carefully, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You agree that we own all rights for any reason to any/all pictures taken prior to, during and/or after service at any time during your subscription period/s.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the TOS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the service will be accurate, reliable or timely. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk and subject to acts of God and weather permitting. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall St. Joe County Recycling, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. All products/services are subject to weather permitting as defined herein and at www.sjclp.com and as defined in the contract between St. Joseph County and SJCR.
SECTION 14 – INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless St. Joe County Recycling and St. Joseph County and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TOS or the documents they incorporate by reference, or your violation of any law or the rights of any third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. These TOS and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Indiana and any conflicts shall be adjudicated in St. Joseph County using an arbitrator in mediation and not in a court of law.
SECTION 19 – CHANGES TO TOS
You can review the most current version of the TOS at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these TOS constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
The phone and email are our best customer service tools. You may call us anytime at 574.213.9440. Questions about any TOS should be sent to us at firstname.lastname@example.org. You may contact us at www.sjclp.com using the contact us page.
SECTION 21 – ELECTRONIC COMMUNICATIONS
When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 22 – COPYRIGHT
All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SJCR or its content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of SJCR and protected by U.S. and international copyright laws.
SECTION 23 – TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of SJCR in the U.S. and other countries. SJCR trademarks and trade dress may not be used in connection with any product or service that is not SJCR’s, in any manner that is likely to confuse customers, or in any manner that disparages or discredits SJCR. All other trademarks not owned by SJCR that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SJCR.
SECTION 24 – PATENTS
One or more patents owned by SJCR apply to SJCR Services and the features and services accessible via the SJCR Services. Portions of the SJCR Services operate under the license of one or more patents.
SECTION 25 – OWNERSHIP, LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, SJCR or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SJCR or its licensors, suppliers, publishers, rightsholders, or other content providers. No SJCR Service, nor any part of any SJCR Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SJCR. The licenses granted by SJCR terminate if you do not comply
with these Conditions of Use or any Service Terms.
This Website includes certain trademarks and service marks owned by us and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
All rights not expressly granted to you by us in these Terms and Conditions are reserved to us and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
SECTION 26 – REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or
objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SJCR reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SJCR a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SJCR and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SJCR for all claims resulting from content you supply. SJCR has the right but not the obligation to monitor and edit or remove any activity or content. SJCR takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 27 – USE AT YOUR OWN RISK
We provide the material available through this Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. Without limiting the foregoing, with respect to any services included on or otherwise available through this Website, please note that all services are subject to Acts of God and Force Majeure and we do not guarantee or ensure any item or service.
SECTION 28 – LINKS
SECTION 29 – DATA SECURITY
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available to do your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
SECTION 30 – DATA COLLECTION AND USE
User Content – You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials or other postings or communications (collectively, “User Content”), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email or other means of electronic communication facilitated by us. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant us and our owners, affiliates and licensees the royalty‑free, perpetual, irrevocable, non‑exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant us and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.
SECTION 31 – USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“Communications Services”). (For purposes of these Terms and Conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.
We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) to comply with the law, to enforce these Terms and Conditions or to protect the rights, property or safety of visitors to this Website and/or users of any Communications Services, our customers, the public or us and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Website and/or any Communications Services, you agree not to post, submit or transmit to us through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to us shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Website or via any Communications Services, or otherwise submitting User Content to us, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
SECTION 32 – NOTIFICATION OF CLAIMS OF INFRINGEMENT
We respect the rights of all copyright holders and in this regard have adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact our Copyright Agent at: Jones Obenchain, Intellectual Property Administrator, 505 North Lake Shore Drive, Suite 1705, Chicago, IL 60611.
SECTION 33 – VIOLATION OF THESE TERMS AND CONDITIONS
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Boats Group and/or our owners, affiliates, employees, users of or visitors to this Website or the public.
SECTION 34 – MISCELLANEOUS
Use of this Website by you for spamming is strictly prohibited. By using this Website, you agree not to use information concerning other users of this Website, or any items such users have listed or searched for on this Website (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
These Terms and Conditions are governed by the laws of the State of Indiana, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in St. Joseph County, Indiana, U.S.A., for all disputes arising out of or relating to these Terms and Conditions your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us. Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boats Group as a result of these Terms and Conditions or your use of this Website or the information, products or services available through this Website.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.
You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
You agree that you shall not post, upload or transit Content, Visitor Materials, Customer Materials, information, or material involving our services that is the subject or target of U.S. or EU comprehensive economic sanctions (including, without limitation, Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region of Ukraine) or that involve any individual or entity designated on any restricted party list administered under any U.S., EU, or other applicable laws related to economic or trade sanctions (“Sanctions Laws”) or under any export control laws of the United States, EU, or any relevant EU Member State (“Export Control Laws”), including without limitation, the U.S. Department of the Treasury, Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List and the EU Consolidated List, or with any individual or entity that is in the aggregate, 50 percent or greater, owned or controlled by any such person, in each case, to the extent such dealings or transactions are in violation of Sanctions Laws or Export Control Laws. Any violative listing may be removed by Boats Group.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Failure by us to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
OTHER TERMS & CONDITIONS
NO REFUNDS OF ANY KIND FOR ANY REASON – Duplicate subscriptions shall be applied as a credit for future service/s at the then applicable rates.
You clearly understand and agree that all purchases are governed by all of the policies and rules at www.sjclp.com. In the event that there is any conflict in service terms between the website and the terms herein, the terms which provide the strongest legal argument for SJCR shall govern. All services of any kind offered for purchase are understood and agreed to be contingent on environmental conditions that allow services to be provided. Weather permitting conditions are detailed at www.sjclp.com.
GUARANTEED COLLECTION SYSTEM aka SUBSCRIBER ID SYSTEM
All subscribers will receive a marker identifying their address as a St Joe County Leaf Collection Subscriber. Subscription Markers identify subscribers and provide the sole compliant pile location so residents are always in compliance with collection rules. All subscription markers have a serial ID tag that matches the subscription address. Subscription markers will be installed by our Team and if removed at any time must be reinstalled for each collection pass in the exact location installed by our Team so the driver can easily identify your subscription address. If your subscription marker is taken you must notify the office for a replacement prior to your next collection pass. Subscriber is responsible the for replacement cost of marker, stand, delivery and reinstallation. Leaves may be placed in locations along subscriber property lines contingent on following all other rules at www.sjclp.com.
Lawn cleanup is not included with curbside collection although it may be available in your specific township. Lawn to curb subscription includes bringing all leaves to the curbside coordinated with a vac crew to prevent blowing and drifting leaves. Subscription service purchased does not include lawn cleanup which must be quoted separately by email titled “Fall Lawn Cleanup”. Due to the continuous nature of falling leaves, you agree that if lawn cleanup is subscribed, the job is complete after SJCR has passed over the specified areas one time and no more than one time for one frequency. You agree that areas will not be leafless after service is provided and that leaves may re-cover the cleanup area as the frequency/service is being provided when leaves are rapidly falling during peak season. You understand and agree that leaves that are further than 5′ from the curb will not be collected.
All leaves must be located on the front grassy area along the curb but not in the street within 5’ of the curb or asphalt in the leaf “pile zone”. Leaves beyond 5’ from the curb or asphalt will not be removed due to potential lawn damage. You clearly understand and agree the frequency will be charged and counted as completed in the event your pile is beyond 5′ from the curb. SJCR shall not be liable to return for future pickup after the leaves are moved within the 5’ leaf “pile zone”, except at additional cost to the client paid in advance by credit card, unless future collection passes remain for that address. During snow contingency periods leaves must be raked into the street within 5′ of the curb. All leaves must be along the street on the curb and not on the grass for Spring pass. Leaves left on the lawn area in the Spring will not be collected.
LEAF PILE FRAUD – EXCLUSIVE USE
Your service subscription has been purchased solely for your address. Subscriptions combining leaves from two or more addresses, lots, parcels, etc. shall be disqualified and are non-refundable. Subscription purchase is required for every address. All leaves for the address must be on the front lawn area except during snow contingency periods. If anyone combines leaves into one pile from two or more addresses your non-refundable service will be disqualified from all remaining passes and your address will be disqualified from future participation. It is your responsibility to ensure that others do not add any leaves, of any volume to your pile. Service pictures and video is used to record your pile size during collections. If you have purchased a measured volume subscription you will be charged for leaves that are in excess of the subscription purchased for your address which has been based on historical volume for your address for measured subscriptions. Each address has a historical volume and in the event the current volume exceeds purchase price for disposal, you agree to pay for leaf volume in excess of subscription value. Current Organic Resource price per cubic yard will be used for leaf pile volume in excess of cubic yards allotted. Subscription value is divided by current Organic Resource rate for total cubic yards allotted for your subscription category.
ON DEMAND EXPRESS SERVICE SUBSCRIPTION –
All On Demand subscriptions are valid for only one collection pass and only for the date the subscription is purchased. All On Demand subscriptions require an underlying base subscription to qualify for an On Demand subscription. On Demand subscriptions cannot be used separately on their own. Return collection trips shall not occur. Leaves must be in a compliant pile at the curb by midnight on the day purchased for the collection.
All payments are non-refundable. You agree and give SJCR your authorization to pre-authorize all balances owed SJCR. Service shall be paid in advance, online by credit card.
PRICING BASIS BY PARCEL QUANTITY AND TREE DENSITY
All pricing is based on a standard 22,000 sq ft county lot. More than 1 lot will be charged the price per lot for each and every lot based on the 22,000 sq ft pricing standard. You agree we may charge your credit card and you pre-authorize us to charge your credit card for any/all applicable charges as stated herein. Lots with 5 trees are very high density but a lot with 1 very mature oak tree (24″ caliper with a large canopy) may also be classified very high density. Low volume lots are associated with less than 3 trees that are ornamental in species and not shade trees.
Shall provide detailed lot maps showing the HOA members receiving services. Lot map shall be highlighted and attached to this agreement with a list of all resident contact information including first and last name, email address/es, subscription addresses, lot#’s and cell phone numbers for each resident/address including an HOA handbook to standardize communication as required. HOAs agree to post all scheduled passes on their HOA websites and notify all HOA members by email prior to each pass. If the number of homeowners is higher than the number specified, HOA agrees to pay an additional prorated cost per homeowner by credit card and authorizes SJCR to charge all payments as specified. Each and every resident subscribing through a group and/or HOA agrees that you are an authorized agent and can agree, authorize and commit payment in their name through association when subscribing as an HOA. All HOAs agree and understand that Subscriber Markers are required and are considered a political sign for purposes of any HOA covenants. HOA Unlimited subscription rates are only valid through February 28th and any HOA subscription cost shall increase after that date to the current applicable rate at the time the subscriber purchases their subscription. HOA participation percentages for any purpose are based strictly on the HOA subscribers paid in full by February 28th for the coming fall season.
You understand and agree you are solely responsible to have the leaves on the grass at the curbside but not over the curb into the road, on the first day that pickup is scheduled for that pass. When SJCR passes by the address at any time during the scheduled period, the collection pass frequency is agreed to be complete, regardless of leaf quantity at the curb by the subscriber. Subscribers may choose to only rake leaves to the curb for one pass but all passes count as one frequency/pass whether or not you have leaves at the curb for that pass. The scheduling is posted at www.sjclp.com and subject to weather permitting service. Passes are scheduled by weeks not days and collection passes during the peak season may require 3-5 weeks for county-wide service depending on the number of participants for that specific pass and leaf fall. Service periods for one pass are typically 7-10 days during off-peak periods. On-demand service is available for an added charge.
You indemnify & hold SJCR harmless and agree to a waiver of subrogation for any/all damage that leaves or cleanup operations may cause to lawn and/or curb areas at any time.
You may “miss” a frequency/pass due to not raking your leaves to the curbside for the scheduled pass. All scheduled passes count whether you have raked leaves to the curb for collection or not. These “misses” are paid frequencies and will not be made up or repeated at any other time. You understand and agree that it is your sole responsibility to monitor www.sjclp.com for your schedule and you may choose to wait for later fall passes to rake your leaves to the curb “all at once”, but you solely risk weather preventing pickup until Spring.
You understand and agree that if you are in breach of these terms at any time your subscription shall be canceled and is non-refundable. Depending on the breach you may be eligible to subscribe again at a future date.
You clearly understand and agree SJCR is not responsible to perform due to any foreseeable and/or unforeseeable Force Majeure and/or forces beyond our control, including but not limited to, acts of God, worker illness, travel restrictions, changes in laws and regulations, fire, floods, earthquakes, hurricanes, protesters, riots, war, wind, rain, lightning, non-permitting weather conditions, snow, sleet, ice, freezing temps, threats of terrorism, terrorism, CV19 and any other flu and/or epidemics/pandemics and/or diseases, which prevent and/or hinder performance.
The provisions of this agreement shall be binding upon and shall inure to the benefit of the personal representatives, and the successors and assigns of you including new owners and Real Estate Management companies. SJCR may assign and/or transfer rights in whole or part without your express and/or written consent.
You agree to all the terms & conditions herein and represent that you are the authorized signer for this agreement and all costs contracted herein.
DEFINTIONS/BINDING EFFECT & SAVING
If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, then the remaining terms and conditions shall remain in full force and effect.
No provision of this Agreement will be deemed to have been waived by SJCR unless a written waiver from SJCR has first been obtained and, without limiting the generality of the foregoing, no acceptance of any monies subsequent to any default and no condoning, excusing or overlooking by SJCR on previous occasions of any default nor any earlier written waiver will be taken to operate as a waiver by SJCR or in any way to defeat or affect the rights and remedies of SJCR. A waiver will be effective only in the specific instance and for the purpose for which it was given and will not constitute a continuous waiver.
Notwithstanding anything to the contrary contained in this Agreement, if SJCR is delayed or hindered or prevented from the performance of any term, by reason of local/municipal/state/federal delays in providing necessary approvals or permits, the other party’s delay in providing approvals as required in this Agreement, strikes, third party lockouts, acts of God or our Country’s enemies, riots, insurrections or other reasons of like nature beyond the reasonable control of the party delayed or prevented from fulfilling any obligation in this covenant or act required under this Agreement by reason of widespread illness, epidemic, pandemic, strikes, labor troubles, inability to procure equipment, materials, parts or services, power failure, restrictive governmental laws or regulations, protests, riots, insurrection, sabotage, rebellion, war, act of God or other reason, whether of a like nature or not, which is not the fault of SJCR, then performance of such term, covenant or act will be excused for the period of the delay and SJCR will be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay.
LIMITED LIABILITY BEYOND INSURANCE COVERAGE
Notwithstanding anything contained in this Agreement to the contrary, for issues relating to this Agreement, presuming SJCR obtains required insurance, you agree SJCR will not be liable for consequential, incidental, punitive and indirect damages which are not covered by SJCR insurance.
No reference to or exercise of any specific right or remedy by SJCR will prejudice or preclude SJCR from any other remedy whether allowed at law or in equity or expressly provided for in this Agreement. No such remedy will be exclusive or dependent upon any other such remedy, but SJCR may from time to time exercise any one or more of such remedies independently or in combination.
Where there is more than one Signor/Subscriber executing this Agreement (Groups/HOAs, etc.), all Signors are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Agreement.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
This agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which will constitute one instrument.
ESign/Digital signatures are binding and are considered to be original signatures.
ATTACHMENTS/EXHIBITS/LISTS/LOT & SERVICE MAPS/SCHEDULES
All Attachments; Exhibits; Lists; Lot & Service Maps; Schedules with this Agreement are incorporated into and form an integral part of this Agreement.
This Agreement will constitute the entire agreement between SJCR and you. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either party to this Agreement except to the extent incorporated in this Agreement. No guarantees/warranties of SJCR not expressed in this Agreement are to be implied.
LEAF PROGRAM RULES AND REGULATIONS
You will obey all St. Joseph County Leaf Program rules and regulations posted and are subject to change from time to time by SJCR at www.SJCLP.com.
You agree not to burn leaf piles at any time and agree to immediately report any burning with the address to email@example.com after reporting the address to the county sheriff. If ashes, embers, flames, smoke and/or any evidence of burning leaves whatsoever are present in your pile, SJCR will cancel your subscription and cease all services immediately. All subscriptions are non-refundable.
Any conflict with any provision of this Agreement and the applicable legislation of the State of Indiana (the ‘Act’), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement. If there is a conflict between any provision of this Agreement and any form of Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by that prescribed form are incorporated into this Agreement.
SJCR shall be able to conduct operations 24 hours daily / 7 days weekly / 365 days annually weather permitting.
In the event of a Snow Contingency, Collection shall be prioritized as follows:
(a) Per the Snow Plan tab at www.sjclp.com. If your subdivision is not specifically listed, service will occur when crews are in the vicinity of your subdivision and/or operating in your township zone as displayed on the status map. The Snow Plan goes into effect when ambient temperatures are forecast below 39 degrees and snow accumulation is projected. Weather permitting days are when SJC has five nights with temperatures at 39+ degrees and piles/roads are frost/ice free.
The Pitchfork test used to check piles from bottom up to confirm conditions permit efficient collections.
(b) In the event that snow prevents the completion of any pass, and the program is suspended, the program all be considered complete when remaining subscribers are completed in the Spring Pass. There will be no service from Dec 18th to Spring Pass start date if the program is suspended due to weather for 10 or more days.
(c) Within each Priority Class, first priority will be given the areas that have the best conditions for efficient collection which may differ within a subdivision due to sun exposure causing partial collection only in areas where conditions permit.
(d) If snow is forecast at 1″+ snowfall within the 15-day forecast, all resources shall be dedicated to snow plan contingency list unless snow cover prevents collection and then collection efforts will be directed to frost/snow/ice-free areas.
(e) Inclement weather is defined as any weather conditions including frost, ice, high winds, snow, rain, hail, lightning, thunder or temperatures below 34 degrees with wind chill.
HOLIDAYS / WEEKENDS
SJCR shall not be required to perform Services or maintain office and/or shop hours on Holidays/Weekends or any days and/or times not worked by the majority of the local highway department.
All “miss” reports must be submitted through the www.sjclp.com web portal online miss form with pictures attached directly by the subscriber and not by any other person. Neighbors shall not send miss reports for neighbors due to the fact that their neighbors may not be subscribers. In the unlikely event the missed collection was due to the fault of SJCR and such missed collection was not due to uncontrollable circumstances (non-conformances), SJCR shall provide collection service for the specified address at no added charge weather permitting. SJCR uses proof of service day/time stamped doorhangers, pictures and GPS stamped vapor trails and video to ensure that service is performed, to prevent Leaf Fraud and to measure curbside pile volumes.
Non-conforming subscribers shall not receive any further service unless and/or until the non-conformance has been remediated and completely removed. Collection passes that do not collect their leaf pile count as completed passes and only future subscribed passes shall be available after the remediation has occurred. Specific nonconformances including but not limited to burning may result in subscription cancellation without any further service/s and no refund.
PROOF OF SERVICE
SJCR incorporates a Proof of Service verification system that includes but is not limited to St. Joe County Subscriber Site Inspectors, Field Manager, Field Co-ordinators, Vac Crew Leaders, Crew documentation which includes service maps, ESRI verification system, date/time stamped GPS vapor trails, non-conformance doorhangers with serialized ID#s, day/time stamped digital pictures and GPS/date/time stamped streaming video.
TIPPING / REQUESTS BEYOND SUBSCRIPTION WORK SCOPE
SJCR shall not, nor shall it permit its subcontractors and/or any team members to, demand or solicit, directly or indirectly, any additional compensation or gratuity from you or anyone for services provided under the Contract or otherwise in any way. SJCR team members may not accept any tip or gratuity and/or perform any services for residents other than within the work scope herein. SJCR employees and contractors will be immediately terminated for accepting tips and/or performing collections or services of any kind for non-subscribers and/or for service outside of the subscriber work scope. For EX: raking leaves to the curb. In the event that any subscriber breaches this provision their subscription shall be immediately terminated without refund and/or any further service/s. You will not be eligible for any services in the future.
EMPLOYEES / SUBCONTRACTORS / VENDORS / TEAM
You shall not approach and/or direct any SJCR Team member at any time. All compliments and questions are required to be directed by email at www.sjclp.com. SJCR shall have sole discretion, responsibility and supervision over all employees, subcontractors, vendors and/or anyone on our Team to ensure they maintain the integrity, quality and professionalism of service/work and deliver performance specifically and in accordance with the conditions and requirements set forth in this agreement. All Team members including but not limited to subcontractors have non-compete agreements with SJCR and shall be served with injunctions if found to be in breach of their SJCR agreements in any manner. You agree not to solicit, employ, contract, subcontract or in any manner/way interfere, solicit and/or offer any value of any kind to those in our employ to provide work directly and/or indirectly in any way or for any other service/s.
DISPOSAL / TIP SITES
You shall not use any disposal and/or tip sites except for the City of South Bend Organic Resource at your personal expense. SJCR disposal and tip sites are for our exclusive use and the site owners do not allow anyone else on these sites due to insurance and liability reasons. Any subscriber and/or contractor trespassing on SJCR disposal/tip sites shall be prosecuted to the full extent of the law and shall remove any material/s dumped on these sites and/or be subject to a minimum charge of $ 1,500.00 plus any and all related expenses to remove and dispose of said materials to a proper waste disposal facility. The trespassing party agrees to pay all court and legal costs required for SJCR to pursue a remedy.
You shall mail all notices Certified Mail with Signature to:
Attention: John Ford
505 N. Lake Shore Drive
Chicago, IL. 60611
DEFAULT / DISPUTES
If you have any dispute related to this agreement or if you claim any Default or Non-Compliance of any term, provision or requirement of this Contract, and the dispute, default or non-compliance is not cured within thirty (30) days after specific written notice you shall meet and attempt in good faith to resolve the dispute. In the event the matter is not resolved SJCR and the customer shall meet with SJC to reconcile any dispute. In the event the matter is not resolved within thirty (30) days after the parties first meeting, the matter shall be referred to non-binding mediation under the Indiana Rules for Alternative Dispute Resolution. Submission to mediation shall be required before the initiation of any legal action under this agreement by you. You shall pay all related costs of attorney’s fees, court costs, etc. in the event of any lawsuit, litigation and/or appeal/s.