Welcome to the Lady Green Mobile Application, an account management and educational mobile and tablet application designed to allow our current clients to review their waste and recycling metrics and billing status, request reports and pickups, interact with customer support, and access educational materials on proper recycling practices (the “App” and collectively with all services provided through the App, the “Services”). These Terms of Use (“Terms”) govern your access to and the use of the digital content and services that are made available through the App, which is owned and operated by Lady Green Miami Recycling Co. (“Lady Green”, “we”, “us” or “our”).
In addition to these Terms, your access to and use of the App is governed by the Privacy Policy (the “Privacy Policy”), and which is incorporated into these Terms by reference.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. DO NOT CREATE A USER PROFILE OR USE THE APP IN ANY WAY IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS. BY ACCESSING THE APP, DOWNLOADING THE APP, OR CONTINUING TO USE THE APP, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
YOU MUST AGREE TO ABIDE BY ALL PROVISIONS OF THESE TERMS IN ORDER TO REMAIN AN AUTHORIZED USER OF THE APP, AND YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND FOR ENSURING THAT YOUR USE COMPLIES FULLY WITH THE PROVISIONS OF THESE TERMS. YOUR RIGHTS ARE PERSONAL AND NON-ASSIGNABLE. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR THE ACTS OF ANYONE ACCESSING THE APP THROUGH YOU OR USING YOUR NAME AND PASSWORD. IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE APP.
PASSWORDS AND ACCOUNT ACCESS
Every user account created for purposes of accessing the App and all related services must have one designated adult user who must be at least 18 years old. For so long as you use your account, you agree to provide true, accurate, and current information about yourself as well as to make relevant changes. You are solely responsible for all activities that occur under your account as well as for maintaining the confidentiality of your password(s). Should you believe your password or security for your account has been breached in any way, you must immediately notify us. We are in no way responsible for any loss that you may incur because of any unauthorized use of your account and password. You agree that you will not sell, transfer, or assign your account or any account rights. If we learn that an ineligible user has created an account, we may seek confirmation of the user’s status or deactivate the account.
USER ACTIVITIES AND INFORMATION ON THE APP
By using the App, you represent and warrant that you will use the App, its related services, and any tools, features, content, material, or information found on the App solely for lawful, non-commercial purposes. You will not allow any third party to access the App through your account, upload to, distribute to, or otherwise disseminate through the App any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
You further acknowledge that this App may collect limited personal information from our users. By using the App and/or agreeing to these Terms, you consent to the collection, storage, and processing of certain data as set forth in our Privacy Policy.
We do not knowingly collect information from anyone under the age of 18. Please note that ONLY PERSONS 18 YEARS OF AGE OR OVER ARE PERMITTED TO CREATE AN ACCOUNT.
ELECTRONIC COMMUNICATIONS
When you use the App or send messages to us, you are communicating with us electronically. By using the App or any of its related services, you expressly consent to receiving electronic communications from us. We may choose to communicate with you by e-mail, text messaging, telephone, or by posting notices on the App. 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.
INTELLECTUAL PROPERTY
Ownership. The App and all related Content (including past, present and future versions) are owned, operated and controlled by Lady Green and such Content, which can be modified and removed by Lady Green any time without any notice to you, is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), user interfaces, photographs, logos, sounds, music, artwork, educational games and all other elements of the App are owned by or licensed to Lady Green, and Lady Green reserves all rights therein and thereto not expressly granted by these Terms.
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the App are registered and unregistered Trademarks of Lady Green, its affiliates, its third-party licensors and/or others. You are not permitted to use any of the Trademarks displayed on the App, without the prior, express written consent of Lady Green, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing Lady Green’s or its affiliates’ name or Trademarks without the express written consent of Lady Green, its affiliates, or third-party licensors. All rights reserved.
App Materials. The App and all related services are the copyrighted works of Lady Green and contain trademarks, service marks, trade names, and other intellectual property of Lady Green. All Trademarks, and materials displayed on, or contained within the App, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, educational games, content, data, code, artwork and other graphic or digital materials, names and all derivative works of the foregoing (collectively, the “Materials”), are the property of Lady Green its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the App and the Materials are the property of Lady Green, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the App or in the Materials. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Lady Green or its affiliates without the express written consent of Lady Green.
Except as expressly provided for in this Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the App, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the App, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the App, including, but not limited to, the Materials. No portion of the content on the App may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.
APP STORES; COMPLIANCE WITH TERMS
If you are accessing the App via Apple Inc.’s (“Apple”) App Store, you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that App is also subject to Apple’s Usage Rules as set forth in the App Store Terms of Service.
If you are accessing the App via the Google Play Store, you acknowledge that Google is not a party to and has not agreed to these Terms; that Google is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of the App is also subject to Google Play Store’s Terms of Service.
PERMISSIBLE USE
You agree that you shall not use the App: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the App; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) 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 App, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the App, other websites, or the Internet. We reserve the right to terminate your use of the App for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the App for illegal purposes.
YOUR OBLIGATION
By using the App, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept this Terms of Use and to enter into this agreement with Lady Green; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the App; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the App.
If you are under the age of majority, you may use the App only with permission and involvement of a parent or guardian. Lady Green and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
TERMINATION / REMOVAL
Lady Green may terminate this agreement and your use of the App at any time. Lady Green may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or your access to the App, or remove and discard any of your account information, communications transmitted by you, or information stored, sent, or received via the App without prior notice and for any reason, including, but not limited to: (i) concurrent access of the App with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the App, (iii) any other access or use of the App except as expressly provided in these Terms of Use, (iv) any violation of the Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the App, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the App, (vi) failure to use the App or portion thereof on a regular basis, or (vii) submitting communications that are not in accordance with the mission or best interest of Lady Green. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which Lady Green may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Lady Green and its licensors.
DISCLAIMER OF WARRANTIES
Lady Green and its affiliates attempt to be as accurate as possible. However, Lady Green does not warrant that descriptions of services or other content on the App are accurate, complete, reliable, current, or error-free.
THE APP IS PROVIDED BY LADY GREEN AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LADY GREEN, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LADY GREEN AND ITS AFFILIATES DO NOT WARRANT THAT THE APP, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM LADY GREEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LADY GREEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
LADY GREEN, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. LADY GREEN AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE APP AT ANY TIME WITHOUT NOTICE.
LADY GREEN AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE APP AT ANY TIME WITHOUT NOTICE. LADY GREEN AND ITS AFFILIAITES DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF “COOKIES” AND TRACKING TECHNOLOGY
LADY GREEN AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY (“WEB TRACKING TECHNOLOGY”), TO ENABLE LADY GREEN TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH APP SESSION. LADY GREEN MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITES OR BY LADY GREEN’S THIRD-PARTY SERVICE PROVIDERS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE APP AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, OR OTHER PROPERTY. IN NO EVENT SHALL LADY GREEN, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR WITH THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APP, LADY GREEN’S REMOVAL OR DELETION OF ANY MATERIALS ON THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LADY GREEN OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LADY GREEN, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE APP.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS TERMS OF USE.
INDEMNIFICATION
You agree to indemnify, defend and hold Lady Green and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by (a) your use of, or activities in connection with the App, or those of any person authorized by you, or (b) any violation of these Terms of Use by you or any person authorized by you. Lady Green reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Lady Green’s defense of such claim. Lady Green and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Terms of Use or the App.
RELEASE
All users of our App acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the App, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Lady Green reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our App.
ASSIGNMENT
Lady Green may assign these Terms of Use, in whole or in part, at any time. Notwithstanding, you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without Lady Green’s express prior written consent.
LIMITATIONS ON ACTIONS
You agree that any claim or cause of action arising out of your use of the App, the Privacy Policy, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Lady Green or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
GOVERNING LAW
Any dispute arising from the App and your use of the App and related services will be governed by and construed and enforced in accordance with the laws of the state of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Miami-Dade County, Florida.
DISPUTE RESOLUTION
PLEASE NOTE THAT THIS SECTION CONTAINS A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH LADY GREEN. PLEASE READ IT CAREFULLY.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to the App or any services thereon will be dealt with in accordance with the following procedures.
Any dispute relating in any way to your use of the App shall be submitted to confidential arbitration in the exclusive jurisdiction of Miami-Dade County, Florida, except that, to the extent you have in any manner violated or threatened to violate Lady Green’s intellectual property rights, Lady Green may seek injunctive or other appropriate relief in any state or federal court in Miami-Dade County, Florida, and you consent to such exclusive jurisdiction and venue. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in Miami-Dade County, Florida. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
Each party hereby consents (a) to the exclusive jurisdiction of the courts in Miami-Dade County Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
APP GOVERNANCE AND SEVERABILITY
Please review other policies posted on the App from time to time. These policies also govern your use of the App. If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and any other posted policies, including our Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
CHANGES TO THE TERMS OF USE
We reserve the right to amend the Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the App. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the App, via e-mail or any other means. You agree to the new posted Terms of Use by continuing your use of the App. You agree to review the Terms of Use periodically and your continued use of the App following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the App.
Miscellaneous
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Lady Green with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Questions/Comments/Concerns
If you have any questions, comments, or concerns about these Terms of Use or other policies applicable to you, please contact us at info@ladygreenrecycling.com