Description of the Site
ERD is an online directory and marketing Site for the electronics recycling industry and related companies. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to this agreement.
Use of Electronics Recycling Directory
Trademarks and Copyright
Electronics Recycling Directory is compiled and made available by Electronics Recycling Directory, LLC. This compilation is a copyright work. © 2010 Electronics Recycling Directory, LLC. All rights reserved. The reproduction, copying, downloading, storage, recording, broadcasting, retransmission or distribution of any part of this Site is not permitted.
The "ERD" name and logos, "Electronics Recycling Directory," and all other related products, Site names, design marks and slogans (the "ERD Marks") are trade names, Site marks, or registered trademarks of ERD and may not be used in any manner without the prior written consent of ERD.
Any reproduction,m modification, creation of derivative works from or redistribution of the site or the collective work and/or copying or reproducing the site or any portion thereof to any other server or location for further distribution is prohibited without the express written permission of ERD. You further agree not to reporoduce duplicate or copy content from the Site without the epress written consent of ERD. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the site. Without limitation, you agree not to reproduce, duplicate, copy sell, resell or exploit for any commercial purposes, any aspect of the Site.
Although ERD does not claim ownership of content that its users post, by posting content on any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to ERD an irrevocable, perepetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distrubute this content and to grant and authorize sublicenses, (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of ERD, you automatically grant ERD all rights necessary to prohibit any subsequent aggregationm, displaym, copying, duplication, reproduction or exploitation of the content on the Site by any party for any purplose.
ERD does not take responsibility for monitoring the use by others of copyrights, trademarks, patents or other intellectual property of third parties published on the Site. We reserve the right (but shall have no obligation), at our sole discretion, to remove Content, suspend or terminate Site access, or take other appropriate action against users, advertisers or other third parties who infringe the copyright rights of others.
As a publisher of advertisements and listings, ERD is not in a position to arbitrate trademark disputes between advertisers and trademark owners. Advertisers are responsible for the content they choose to use.
Information You Provide To Us
No Endorsements / Linked Sites / Content Disclaimer
The Content may contain information provided by third parties including, but not limited to, advertisers, users, authors, event sponsors and others. In addition, the Site provides links to external websites owned and/or operated by third parties ("Third Party Sites").
References on our Site to products, Sites, trademarks, trade names, design marks, or processes of third parties and/or links to Third Party Sites do not constitute or imply endorsement, sponsorship or recommendation by ERD of such third party or its products or Sites. We assume no responsibility to screen or investigate, and we make no representation concerning the content that third parties submit for publication on the Site.
ERD is not responsible for the content, functionality, or technological safety of Third Party Sites to which you may link from this Site. If you decide to access any such Third Party Sites, you do so entirely at your own risk.
ERD reserves the right, without any obligation, to make improvements to or correct errors or omissions in the Site. We also reserve the right to disable links to or from Third Party Sites to our Site, although we have no obligation to do so. This right to disable links includes links to or from advertisers, listing companies, authors and event holders.
ERD does not guarantee the accuracy, quality, relevancy, decency, copyright compliance or legality of any Content published on the Site or materials contained in any Third-Party Sites.
You agree that use of the ERD Site is entirely at your own risk. The ERD Site is provided on an "as is" or "as available" basis without any warranties of any kind. All express and implied warranties, including without limitation, the warranties of merchantability, fitness for a particular puropose, and non-infringement of properietary rights are expressly disclaimed to the fullest extent permitted by law. ER$D disclaims any warranties for the security, reliavbility, timeliness, accuracy and performance of the ERD Site, and ERD disclaimas any warranties for other services advertised on the E$RD site. ERD disclaims any warranties for viruses or other harmful components with the ERD site.
User Provided Content
Users of the Site may submit, transmit and post, ratings, reviews, comments and other communications ("User Provided Content"). All User Provided Content will be deemed non-confidential and we assume no obligation to prevent disclosure of such information or the identities of users.
You agree, warrant and acknowledge that you will not post, submit, transmit or otherwise provide any content, information or material (including, without limitation, user ratings and reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethnically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. You are solely responsible for all information that you provide to Electronics Recycling Directory, LLC and you assume all risks associated therewith. As such, you may expose yourself to liability for posting and providing illegal, defamatory, obscene, infringing or otherwise unlawful User Provided Content. You agree to indemnify us for all claims arising out of your User Provided Content.
You understand and acknowledge that ERD does not control the content of, and does not guarantee the quality of User Provided Content. By using this Site, you may be exposed to offensive, obscene or otherwise unlawful User Provided Content. ERD is not liable for any User Provided Content or any damages resulting from that content. Although ERD may or may not review User Provided Content, ERD reserves the right, but not the obligation, in its sole discretion, to monitor, edit and delete any such content.
You grant ERD and its affiliates the absolute, irrevocable, unrestricted, right and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to ERD, in whole or in part, in such manner, format and media as we may see fit in ERD’s sole discretion without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to ERD in this paragraph, subject to such terms and conditions as ERD may deem appropriate, without compensation to you.
Consent to Monitoring
You agree that ERD has the right, but not the obligation, to monitor the information residing on or transmitted to the Site in order to protect its interests and the interests of its users. We reserve the right, but assume no obligation, to modify or remove any information or other material on or transmitted to the Site.
In order to access certain portions of the Site, you must register with ERD by providing certain information including, but not limited to, a user name, password and a true and correct email address. You understand and agree that you are solely responsible for maintaining the confidentiality of any passwords that you create, and you are solely responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. ERD reserves the right to close your account at any time for any or no reason.
Map Page Disclaimer
Maps and directions displayed on the Site are informational only. No representation is made or warranty given as to their content. ERD and its suppliers and software providers assume no responsibility for any loss or delay resulting from their use.
Limitation of Liability
ERD does not promise that the Site will be error-free, or that your use of the Site will be uninterrupted, or that it will provide specific results. The Site and the Content are delivered on an "as-is" and "as-available" basis. ERD cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. ERD disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
In no event will ERD be liable to you for any damages of any kind arising from your use of this Site, including, without limitation, direct, indirect, incidental, consequential, exemplary, special or punitive damages, including lost profits, to the extent permitted by law.
ERD disclaims any and all liability for the acts, omissions, and conduct of any third-party users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. ERD is not responsible for the products, actions, or failure to act of any third party in connection with or referenced on the Site.
ERD cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing procedures and checkpoints adequate to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
ERD DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SITE PROVIDED THROUGH THE SITE, OR ANY MERCHANTS LISTED ON THE SITE. ERD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. ERD DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL ERD (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF ERD OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ERD'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Erd's Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in links and advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ERD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
The compilation of the contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is ERD and in some cases a third party. ERD grants you a personal, non-transferable, non-sublicenseable, and non-exclusive right and license to print and download portions of the directory or event listings from or other information found on the Site solely for your own non-commercial use. Any other copying, redistribution, retransmission, display or publication of any downloaded information is strictly prohibited without the express written consent of ERD.
Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SITE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN STAMFORD, CONNECTICUT BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. The foregoing notwithstanding, this agreement shall not prevent the parties from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties and the subject matter. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
Electronics Recycling Directory, LLC
818 Lake Avenue
Greenwich, CT 06830
What information does ERD collect?
ERD collects information that you knowingly provide to us. For example, ERD may ask you to provide your contact information (such as name, address, email address, telephone number and account password) if you inquire about advertising with us, sign up for a listing in the ERD directory, register to post articles or events, or otherwise contact us through the Site.
In addition, as you use the Site, our web servers automatically retrieve certain information about your browsing activity such as IP address, domain name, browser agent and user access information such as number and duration of Site visits and pages visited.
How does ERD use the information collected?
When you provide personal information for a specific purpose (for example, registering to use a feature on the Site), we generally use it for that purpose.
We may use personal information you provide to: communicate with you and to otherwise serve you. For example, we may use your name, address and email address to send you emails to (a) contact you regarding advertising, listing or posting services you have requested, (b) provide information about ERD including marketing information about products and services and newsletters, (c) conduct online surveys, (d) contact you in connection with user reviews, (e) publish your name, address, and phone number in our directories (unless you have asked us not to publish this information), and (f) otherwise communicate with you.
We may retain and use emails or other communications you send to ERD in order to process your inquiries, respond to your requests and improve our services.
In addition, ERD may use personal information you provide in combination with the information ERD automatically collects through the Site to protect our property or other rights (for example, to enforce any policies or contractual provisions regarding copyright and use of various features of the Site).
ERD will not share your personal information with others except as indicated below. We may share personal information with others in the following limited circumstances:
We may share aggregated, non-personal information about Site usage to improve on the quality of services we offer. We may also provide such aggregated data to our customers, business partners, or third-party vendors, in which case specific users will be anonymous. In addition, we may share your ratings and reviews with other businesses with which we partner.
What about cookies?
Updating Information; Opting Out
You may review or make or request changes to the information you have provided to us by viewing and updating your account profile at any time.
You may request not to receive (i.e., "opt-out" of receiving) promotional email messages from us. Please note that we reserve the right to send certain types of email messages that are not subject to opt-out to users who have opted out of receiving email messages.
Links to Third Party Sites
Links to external websites owned and operated by third parties ("Third Party Sites") may be presented in a format that enables ERD to keep track of whether these links have been followed. This information is used in aggregated form to improve our services to ERD users and advertisers.
We implement a variety of security measures to maintain the safety of your personal information to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to personal information to ERD employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, up to and including termination and criminal prosecution, if they fail to meet these obligations.