Last Updated: June 1, 2010
The terms “User”, “you”, and “your” refer to the individual or organization that uses the iReuse Site or becomes a registered Wish List User and the terms “iReuse”, “we”, “us”, and “our” will refer to iReuse LLC. “Terms”, “Terms and conditions”, or “TOS” refer to the terms and conditions contained in this User Agreement. “Poster”, “Seller” or “Donor” refer to individuals or organizations (including iReuse) that list items in the Reuse Center section of the iReuse Site. “Taker” or “Buyer” refer to the individual or organization which has agreed to take an item from a Poster for the agreed upon price set by the Poster which may either be a fixed price or for free.
2. Right of Modification
3. User Eligibility
Our services are available only to, and may only be used by individuals who can form and perform under legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended iReuse Users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your iReuse Wish List account and User Name may not be transferred or sold to another party. If you are registering as a business entity, nonprofit, or any other organization, you represent that you have the authority to bind that entity to this Agreement.
4. Fees and Services
Becoming a registered Wish List User is free, creating a wish list is free, and searching for available items is free. Using one of the various other iReuse services including Sustainability Consulting and any material removal services may have a fee associated with it. Service rates are available by contacting an iReuse customer service representative. You may request additional information and support from an iReuse customer service representative by emailing firstname.lastname@example.org. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service or enhance our existing service, the fees for that service are effective at the launch of the new service or at the launch of the new enhancements.
5. iReuse Removal Services
iReuse is not an Auctioneer. The Reuse Center of the iReuse website acts as a venue to allow individuals and organizations to find local used items for sale or donation. Whether or not iReuse is involved in facilitating the exchange of items between Seller or Donor and Taker, iReuse cannot ensure your personal safety or the safety of your belongings during an item exchange. iReuse does not transfer legal ownership of items from the Poster to the Taker, and nothing in this Agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
6. Identity Verification
iReuse does not verify whether any Wish List User is a charitable nonprofit, whether any nonprofit related information provided by a User is accurate, or if any User can provide a financial or tax benefit for a charitable donations. Any customer of iReuse reuse/removal services is solely responsible for identifying and taking advantage of any potential tax benefits resulting from the donation of items to charity. iReuse is not responsible for providing any tax advice and iReuse will not be liable for any tax-related information provided by iReuse or any other party.
Your interactions with organizations and/or individuals found on or through the Site or through any iReuse Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that iReuse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In no event will iReuse be liable to you or any third party for loss of profits, loss of business, loss of use, loss of data, interruption of business, cost of procurement of substitute goods and services, or for any special, consequential, exemplary or incidental damages, arising out of or related to the use of iReuse services, however caused, and whether arising under contract, tort (including negligence) or any other theory of liability.
In the event that you have a dispute with one or more Users, you release iReuse (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
8. Information Control
The iReuse Site and Content available through the Service may contain links to other websites, which are completely independent of iReuse. iReuse makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will iReuse be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. By using this Site, you agree to accept such risks and iReuse is not responsible for the acts or omissions of users on the Site.
9. Taking an item
As a Taker, you are obligated to complete the transaction with the Donor or Seller if you commit to taking a particular item or multiple items through the iReuse system and the Donor or Seller commits to selling or giving you a particular item or multiple items. By selecting to take an item you agree to be bound by the conditions for taking a particular item included in the item’s description so long as those conditions are not in violation of this Agreement or unlawful. Unless otherwise specified or arranged, the Taker is responsible for picking up items on-site from the Donor or Seller. Unless you and the Poster agree otherwise, you will become the item’s lawful owner upon physical receipt of the item from the Donor or Seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). If you choose to take mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
Communication with the Seller/Donor. Once you, as the Taker, commit to taking an item posted on iReuse by another User or by iReuse, you and/or the Seller/Donor will be provided with the necessary information in order to coordinate payment if necessary as well as how to coordinate the item exchange date, time, and location with the Seller/Donor. The Seller/Donor, or in some cases, iReuse, will then be responsible for selecting the Taker of its choice and coordinating the payment if necessary and a mutually agreed upon item exchange location, date, and time directly with the Taker designated by the Seller/Donor to take their item.
10. Material Removal Services
10.1 You must be legally able to sell or give away the item(s) you provide for reuse, recycling, or disposal.
10.2 Fraud- Without limiting any other remedies, iReuse may suspend or terminate your Wish List account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10.3 Manipulation- Neither you, Seller/Donor nor Taker may manipulate the price of any item nor may you interfere with other user’s listings or transactions.
11. Your Information
11.1 Definition- “Your Information” is defined as any information you provide to us or other users in the registration, buying or listing process, item request process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
11.2 Restricted Activities- Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for sale on a web Site other than iReuse’s (this does not prevent linking to or advertising an iReuse item from another web Site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Items list.
12. Access and Interference
The Site contains robot exclusion headers. Some of the information on the Site is updated on a real time basis and is proprietary or is licensed to iReuse by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of iReuse and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, immediately remove your item postings or purchase offers, warn our group of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your User account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, partners, clients, or us.
15. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES, PARTNERS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, GROUPS, COMMUNITIES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, employees, communities, partners, and groups, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your posting, purchase, taking, donating, solicitation of offers to purchase, and sale of items.
19. No Agency
You and iReuse are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to iReuse Attn: iReuse Legal Department, 2320 Marinship Way, Sausalito, CA 94965, USA or by email to email@example.com (in the case of iReuse) or to the email address you provide to iReuse during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to iReuse during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
21. Resolution of Disputes
In the event a dispute arises between you and iReuse, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and iReuse agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through direct negotiation first. If a dispute between you and iReuse cannot be resolved by negotiation, iReuse may, in its sole discretion, elect to use alternative forms of dispute resolution, such as mediation or binding arbitration which, if elected, shall be held in San Francisco County, California.
21.1 Binding Arbitration- In such cases where iReuse believes arbitration is required, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.
21.2 Court- Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in San Francisco County, California. You and iReuse agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California
22. Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Each of these policies and lists may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. iReuse is a Federally registered Trademark and any/all use of this Trademark name is federally protected. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by iReuse in accordance with Section 18 “Notices”, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Release), 9.3 (License), 10 (Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by iReuse LLC, 2320 Marinship Way, Sausalito, CA 94965, USA.
Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.