SITE
TERMS AND CONDITIONS
PLASTIC NOW INC.
BY ACCESSING THE WEB SITE LOCATED AT
WWW.MYPLASTICNOW.COM
OR ANY RELATED WEB PAGES (COLLECTIVELY REFERRED TO AS
THE “WEB SITE”), PRINTING OR DOWNLOADING
MATERIALS FROM THE WEB SITE, OR OTHERWISE USING THE
WEB SITE, YOU (“YOU”, “YOUR”
OR “USER”) AGREE THAT YOU HAVE READ AND
AGREE TO THE TERMS AND CONDITIONS INCLUDED IN THE CARDHOLDER
AGREEMENT AS WELL AS THE TERMS AND CONDITIONS THAT ARE
SET FORTH BELOW AND THAT ARE POSTED ELSEWHERE ON THE
WEB SITE (COLLECTIVELY, THE “WEB SITE TERMS AND
CONDITIONS”). THE WEB SITE IS PROVIDED BY PLASTIC
NOW INC. FINANCIAL LICENSES, INC, AND/OR ITS PARENT
COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE
SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO AS
“WE” OR “US”).
Your continued use of the Web Site means that you agree
that the Web Site Terms and Conditions, including the
provisions of the Cardholder Agreement, legally bind
you in the same manner that a signed, written, non-electronic
contract does. You should not use the Web Site in any
manner or attempt to access the Web Site if you are
not willing to be bound and abide by the Web Site Terms
and Conditions, including the terms and conditions included
in the Cardholder Agreement. Your continued use of the
Web Site also means that you represent and warrant that
you are able to enter into legally binding contracts.
For purposes of the Web Site Terms and Conditions, the
term “Web Site” includes without limitation
the publicly available content, materials and information
and those parts of the Web Site that may be available
to you if you have created a customer account with the
Web Site (collectively, “Content”).
Use of the Web Site and Content.
We grant you a limited, nonexclusive, nontransferable
license during the Term (defined below) to access the
Web Site solely to display the Content for informational
or transactional purposes only and to print and/or save
copies of the Content with or on your personal computer,
solely for your use in completing transactions through
your account or obtaining information regarding us and
our subsidiaries and affiliates and information about
the status of your account. Any other use of the Content
or the Web Site is expressly prohibited. All other rights
in the Content and the Web Site are reserved by us and
our licensors. We reserve all rights in the Web Site
and you agree that the Web Site Terms and Conditions,
including the terms and conditions included in the Cardholder
Agreement, do not grant you any rights in or licenses
to the Web Site or the Content, except for this express,
limited license. You will not otherwise copy, transmit,
distribute, sell, license, de-compile, reverse engineer,
disassemble, modify, publish, participate in the transfer
or sale of, create derivative works from, perform, display,
incorporate into another Web Site, or in any other way
exploit any of the Content or any other part of the
Web Site or any derivative works thereof, in whole or
in part for commercial or non-commercial purposes. Without
limiting the foregoing, you will not frame or display
the Web Site (or any part of the Web Site) as part of
any Web site or any other work of authorship without
our prior written permission.
Web Site Accuracy.
Although we have tried to provide accurate and timely
information on the Web Site, please be aware that the
Web Site (including, without limitation, the Content)
may not always be entirely accurate, complete or current
and may also include technical inaccuracies or typographical
errors. The information published on the Web Site is
provided as a convenience to our customers and is provided
for informational or transactional purposes only. In
an effort to continue to provide you with as complete
and accurate information as possible, information may
be changed or updated from time to time without notice,
including without limitation information regarding our
policies, products and services. Accordingly, you should
verify all information before relying on it, and all
decisions based on information contained in the Web
Site are your sole responsibility and we shall have
no liability for such decisions.
Your Responsibilities as a registered Customer.
If you register to access your accounts via this Web
Site, then you are responsible for maintaining the privacy
and security of your login information, including your
user name and password, and not allowing others to use
the login information. You will notify us of any breach
in secrecy of your login information. You agree to immediately
notify us by e-mail at info@myplasticnow.com
or by telephone at 1-800-589-5033 of any potential breaches
of secrecy of the login information.
Web Site Restrictions.
As a condition of your use of the Web Site, you represent
and warrant that you shall not use the Web Site for
any purpose that is unlawful or prohibited by these
Web Site Terms and Conditions. You will not submit any
false, misleading or inaccurate information to us, by
mail, phone or the Web Site. You will abide by all applicable
local, state, national and international laws and regulations
and you shall be solely responsible and liable for all
of your acts or omissions that occur while you use the
Web Site. By way of example, and not as a limitation,
you will not use the Web Site to:
- Defame, abuse, harass, stalk, threaten or otherwise
violate or infringe the legal rights (such as, but
not limited to, rights of privacy, publicity and
intellectual property) of others;
- Publish, distribute or disseminate any harmful,
inappropriate, profane, vulgar, infringing, obscene,
tortuous, indecent, immoral or otherwise objectionable
material or information;
- Transmit or upload any material to the Web Site
that contains viruses, trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious
programs;
- Interfere with or disrupt the Web Site networks
or servers;
- Harvest or otherwise collect information from
the Web Site about others, including without limitation
email addresses, without proper consent;
- Use the account, login identification, or password
of another party to access the Web Site;
- Otherwise attempt to gain unauthorized access
to the Web Site, other accounts, computer systems
or networks connected to the Service, through password
mining or any other means; or
- Interfere with another individual's or entity's
use or enjoyment of the Web Site.
We have no obligation to monitor your use of the
Web Site or retain the content of any of your sessions
on the Web Site. However, we reserve the right at
all times to monitor, review, retain and/or disclose
any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request.
Third Party Content and Links.
From time to time, the Web Site may contain references
or links to third-party materials (including without
limitation web sites) not controlled by us or our suppliers
or licensors. We provide such information and links
as a convenience to you. Such links should not be considered
endorsements of these sites or any content, products
or information offered on such sites and such reference
does not imply our recommendation, approval, affiliation,
or sponsorship of that respective property, product,
service, or process. You acknowledge and agree that
we are not responsible for any aspect of the information
or content contained in any third party materials or
on any third party sites accessible or linked to the
Web Site, including without limitation content, property,
goods or services available on the Linked Sites.
Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
(ON OUR OWN BEHALF AND ON BEHALF OF ALL OF OUR SUBSIDIARIES
AND AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS)
EXPRESSLY DISCLAIM ALL WEB SITE WARRANTIES OF ANY KIND,
INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR
OTHER INFORMATION ACCESSED THROUGH THE WEB SITE, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY
IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
DEALING, OR TRADE USAGE. NO CONTENT, MATERIALS OR OTHER
ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER
FORM, OBTAINED BY YOU THROUGH THE WEB SITE OR OTHERWISE,
WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE
TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT
ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB
SITE IS PROVIDED TO YOU “AS IS.”
Limitations on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
AGREE THAT WE AND ALL OF OUR SUBSIDIARIES AND AFFILIATES
AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, AND EACH
OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, ADVISORY
BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES
(COLLECTIVELY, “PLASTIC NOW INC. PARTIES”)
SHALL NOT HAVE ANY LIABILITY TO YOUR OR ANY PARTY ARISING
OUT OF YOUR USE OF THE WEB SITE, ANY CONTENT OR THESE
TERMS AND CONDITIONS (WHETHER SUCH CLAIMS ARE BASED
IN TORT, CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR
ANY OTHER THEORY OF LAW) FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES EVEN
IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE
PLASTIC NOW INC. PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES
OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT
OR PROCEEDING (WHETHER SUCH CLAIMS ARE BASED IN TORT,
CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER
THEORY OF LAW) ARISING OUT OF OR RELATING TO THE WEB
SITE, THE CONTENT OR THESE TERMS AND CONDITIONS EXCEED
TEN DOLLARS (CAD$10). THE LIABILITY LIMITATIONS IN THIS
SECTION SHALL APPLY REGARDLESS OF WHETHER THE PLASTIC
NOW INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF THE APPLICABLE DAMAGES. AS SUCH YOU ACKNOWLEDGE AND
AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN
TO ANY NEGLIGENCE OF THE PLASTIC NOW INC. PARTIES.
Proprietary Rights and Confidential Information.
The Content located on the Web Site web pages that are
only accessible with your user identification and password
and any information provided through the interactive
sessions are considered our and our affiliates' and
associates' confidential and proprietary information.
Intellectual property rights in and to the Content are
owned by us and/or our affiliates, associates, licensors
or suppliers. We and our affiliates, associates, licensors
and suppliers reserve all rights in and to the Content
that are not expressly granted to you herein. You acknowledge
and agree that the Content and other information related
thereto or disclosed or delivered to you in relation
to this Agreement (“PLASTIC NOW INC. Information”)
represent our confidential and proprietary information.
You agree to keep PLASTIC NOW INC. Information confidential
by exercising the necessary care required to prevent
its disclosure, but in no event less than reasonable
care. You will not copy, print, disclose, divulge, distribute,
publish, transmit or transfer PLASTIC NOW INC. Information
to any third party or use PLASTIC NOW INC. Information
for any purpose whatsoever without our prior written
permission. Your obligations with respect to PLASTIC
NOW INC. Information deemed a “trade secret”
under applicable law shall remain in effect for as long
as PLASTIC NOW INC. Information remains a trade secret.
Your obligations with respect to PLASTIC NOW INC. Information
that is not deemed to be a trade secret shall remain
in effect for a period of three (3) years following
your receipt of PLASTIC NOW INC. Information. Your obligations
set forth under this Section shall survive termination
of the Cardholder Agreement and this Agreement.
Indemnification.
You agree to defend, indemnify, and hold the PLASTIC
NOW INC. Parties harmless from any and all damages,
costs and expenses, including without limitation reasonable
attorneys' fees, arising out or relating to any and
all third party claims, demands or allegations arising
out of or relating to your use of the Web Site or Content,
including without limitation arising out of or relating
to your violation of the Terms and Conditions, any applicable
laws, or your violation of any rights of a third party.
Modifications.
We reserve the right to change or modify the Web Site
Terms and Conditions from time to time. If we decide
to change the Web Site Terms and Conditions, we will
post those changes on the Web Site and may notify you
via email or using other contact information you provided
to us. We reserve the right to modify or temporarily
discontinue your access to the Web Site or parts thereof,
with or without notice to you. You agree that PLASTIC
NOW INC. shall not be liable to you or any third-party
for any modification to the Web Site or your access
to the Web Site.
Internet Access.
To use the Web Site, you must at no cost to us: (a)
provide for your own access to the World Wide Web and
pay any service fees associated with such access; (b)
provide all equipment necessary for you to make such
connection to the World Wide Web, including without
limitation a computer and modem or broadband Internet
connection; and (c) in order to complete transactions
via the Web Site, agree to pay the applicable fees then
in effect, as set forth in the Cardholder Agreement
or as posted on this Web Site and updated from time
to time, for the transaction being effected.
Termination of Customer Accounts.
The term (“Term”) of the Web Site Terms
and Conditions (excluding the Cardholder Agreement,
which shall be governed by the Cardholder Agreement)
shall continue until either you or we terminate your
Web Site customer account, with or without cause at
any time and effective immediately. We may additionally,
in our sole discretion, immediately terminate these
Web Site Terms and Conditions and your access to your
web account if you fail to adhere to these Web Site
Terms and Conditions. You agree that none of the PLASTIC
NOW INC. Parties shall be liable to you or any third
party for termination of these Web Site Terms and Conditions.
Should you object to any terms or conditions of these
Web Site Terms and Conditions or any subsequent modifications
to these Web Site Terms and Conditions or become dissatisfied
with any part of the Web Site in any way, your sole
and exclusive remedy is to immediately: (1) terminate
use of the Web Site; and (2) notify us in writing of
your termination of your agreement to these Web Site
Terms and Conditions. Cancellation of the Cardholder
Agreement shall be made exclusively pursuant to the
terms and conditions contained in the Cardholder Agreement.
Upon expiration of the Term or termination of the Cardholder
Agreement or these Web Site Terms and Conditions, your
license rights to the Web Site immediately cease. Acceptance
of the Web Site Terms and Conditions shall mean agreement
and acceptance to the condition that all provisions
relating to indemnification, confidentiality, warranty
disclaimers, limits of liability, choice of law, non-disclosure,
arbitration, equitable relief, assignment, notice and
the provision with the heading of “general”
shall survive the termination of the Cardholder Agreement
and the Web Site Terms and Conditions.
Arbitration.
The parties agree that any dispute arising in connection
with these Web Site Terms and Conditions (excluding
the Cardholder Agreement) or the performance of any
party under these Web Site Terms and Conditions (excluding
the Cardholder Agreement) or otherwise relating to these
Web Site Terms and Conditions (excluding the Cardholder
Agreement) shall be resolved by binding arbitration
in accordance with the laws of the province of Alberta
and the then current Rules of Procedure for Commercial
Arbitration of the ADR Institute of Canada, Inc.. The
arbitration tribunal shall consist of three (3) arbitrators
chosen by the parties from a slate of eight (8) proposed
arbitrators provided by the Institute. If the parties
are unable to agree on all three arbitrators within
seven (7) days after receipt of the slate provided by
the Institute, the Institute shall appoint the number
of arbitrators the parties have been unable to agree
upon from the slate. The decision of the tribunal shall
be final and binding and no appeal shall lie therefrom.
The tribunal shall have the power to order one party
to contribute to the reasonable costs and expenses of
the other party, or to pay all or any portion of the
costs of the arbitration, as the panel determines in
its discretion.
Equitable Relief.
You acknowledge that any use or threatened use of the
Web Site or Content in a manner inconsistent with the
terms and conditions included in the Web Site Terms
and Conditions, including the Cardholder Agreement,
shall cause immediate irreparable harm to us for which
there is no adequate remedy at law. Accordingly, you
acknowledge and agree that we shall be entitled to immediate
and permanent injunctive relief from a court of competent
jurisdiction in the event of any such breach or threatened
breach by you. The parties agree and stipulate that
we shall be entitled to such injunctive relief without
posting a bond or other security; provided however that
if the posting of a bond is a prerequisite to obtaining
injunctive relief, then a bond in the amount of CAD$1500
shall be sufficient. Nothing contained herein shall
limit our right to any remedies at law, including without
limitation the recovery of damages from you for breach
of these Web Site Terms and Conditions, as applicable.
Assignment.
You will not assign (including without limitation by
operation of law, change of control or otherwise) your
rights or licenses to the Web Site provided under these
Terms and Conditions, either in whole or in part without
the prior written consent of PLASTIC NOW INC.. PLASTIC
NOW INC. shall have the right to assign these Terms
and Conditions. Any attempt to assign these Terms and
Conditions contrary to this Section will be void and
have no effect.
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