Effective Date: October 24, 2013
Last Updated: December 17, 2013
Terms and Conditions of Use
“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Company” means J. Ottman Consulting, Inc., the owner and operator of the Website.
“Content” includes all Text, Graphics, design and Programming used on the Website.
“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.
II. Use Of This Website
This Website is a global online community of individuals and companies who wish to is intended to facilitate communicationlearningas well as to provide access to other informational and promotional materials. J. Ottman Consulting manages this website as both a public service and as a resource for her firm who may distill learning from the discussions, comments, and /or polls with clients all consumers live more sustainably. A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to participating on the Website. The Website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Website, unless you have our express written consent.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website.
Certain functions of the Website may either now or in the future require registration, such as commenting on articles, submitting blog entries, reviewing products and/or services, posting in forums, participating in crowdsourcing projects, responding to surveys or participating in other promotions or contests. You may only create and use an account for your own personal use. If you would like company, please contact us at firstname.lastname@example.org.If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes. By registering for an you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe at any time.
Certain content on the Website may be advertisements or content created or commissioned by advertisers in collaboration with the Company (“Sponsored Content”). We will not allow any relationship with an advertiser or sponsor (“Sponsors”) to compromise our integrity. To that end, we will label Sponsored Content when, in our opinion, it is necessary to make clear the distinction between editorial material and Sponsored Content. However, please be aware we do not verify Sponsored Content. Sponsors are responsible for ensuring that their Sponsored Content is adequately substantiated and complies with all applicable laws, regulations, and guidelines. While the Sponsored Content does not necessarily reflect the views of the Website, if it comes to our attention that Sponsored Content, in our opinion, contains demonstrably false or unlawful content, we will refuse or remove the Sponsored Content in whole or in part. Additionally, we may exercise our discretion to refuse or remove any Sponsored Content that is inconsistent with, or may tend to bring disparagement, harm to reputation, or other damage to the Company or the wehatetowaste.com brand, or that, in our judgment, would undermine the intellectual integrity, authority, and character of our enterprise.
Sponsored Content may appear in three forms: (i) content produced by the Company as commissioned by its Sponsors; (ii) content produced by Sponsors; and (iii) content produced by Website subscribers who have been provided with products or services to review by Sponsors. We will prominently display the following disclaimers, as applicable, on all Sponsored Content: (i) “SPONSORED CONTENT”; (ii) “This content is made possible by our Sponsor; it is not written by and does not necessarily reflect the views of wehatetowaste.com”; or “This review is a sponsored review. The author does not pay nor receive any compensation for the reviews written on this blog. All reviews are from products sent free of charge by their respective company and are received with no incentive or obligation to offer a favorable review. The only compensation that the author will ever receive for this review is the use of the product for review.” We may additionally include, as appropriate, further explanation defining Sponsored Content to our readers.
Sweepstakes, Contents and Promotions
III. Restrictions on Use of the Website
- Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
- Harm or exploit children;
- Advocate illegal activity or an intention to commit an illegal act;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that constitutes a “pyramid” or similar scheme;
- Email or transmit content that infringes on the intellectual property or the right of any entity or person;
- Advertise or otherwise engage in any commercial endeavor without our explicit, written permission;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
- Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.
IV. Termination of Access
Use of this Website is a privilege. We reserve the right to suspend or terminate your access to the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.
V. Information You Provide to Us Via this Website
You choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and us, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets through the Website. Any blog posts, tips, information, materials, suggestions, ideas or comments you send to us (collectively, “Submissions”) will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Notice. You also acknowledge that we may use your Submissions and any ideas, concepts or knowhow contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission, in whole or in part, on the Website. However, we will not edit your Submission in such a way that it misrepresents your original Submission.
Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:
- It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material and provide proper attribution to the copyright owner);
- It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
- It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
- It may not contain trade secrets (unless you own them or have the owner’s permission to transmit them);
- It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
- It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
- It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
- It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
- You may not solicit money, investments or make any offering of securities or investments;
- You may not submit chain letters or pyramid schemes; and
- You may not submit commercial opinions or notices.
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We may offer features through the Website that enable you to post information and materials publicly, for example, in reviews, chat areas, and other similar forums (collectively, “Forums”). All of the rules of conduct described in the Submission section above apply to the Forums.
The Forums (and the Website generally) include the opinions, statements and other content of third-parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content’s accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third-parties through the Forums or via blog posts or comments, or otherwise through the Website, are those of such third-parties and not of wehatetowaste.com, and wehatetowaste.comdoes not necessarily endorse any such opinions, statements or materials.
VI. Monitoring Of Information
We do not assume any obligation to review or monitor the content or other information submitted to the Website by third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
VII. Intellectual Property Rights
VIII. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512©(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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.
The Designated Agent for notice of claims of copyright infringement can be reached at:
c/o J. Ottman Consulting
315 East Sixty-Ninth Street
New York, NY 10021-5527
Attn: Designated Copyright Agent
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Website. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
IX. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of this Website and SERVICES/products, and/OR reliance on any of its content is at your own risk.
THE COMPANY does not warrant that the functions or content contained in this Website will be uninterrupted, Accurate or error-free. You, and not THE COMPANY, assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this Website or its content. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING the USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND We MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website; (2) the use of any information accessed by you from this Website; and (3) the use of products sold or used from the Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
X. General Information
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information
We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.