Effective as of June 20, 2016
Acceptance of the Terms of Service
Changes to the Terms of Service and the Website
Good Earth Recycling reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Goodearthrecycle.com, and you will be able to track the changes for any new version. Your continued use of our service and website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Accessing our Service, Website, Security and Privacy
Purchase of the Good Earth Recycling Service
If you agree to pay the fee for access to the applicable Good Earth Recycling Service, such fee will be charged by the company designated by Good Earth Recycling in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Good Earth Recycling websites are inclusive of any applicable sales taxes and fees. Good Earth Recycling accepts a variety of different payment methods, so please check the Goodearthrecycle.com for the methods of payment.
Operations of Service
Operations of how Good Earth Recycling services are provided and executed are protected by this agreement. Good Earth Recycling has a seven day processing time for new members from the number day of the month of which members purchase their first month of service. This seven day processing may place new members past their first’s month scheduled pickup day for their selected service, which may be rescheduled to another day within the month if the member signs up before the 10th day of that month. Good Earth Recycling requires all members to set out their recyclables on their own property by 9 a.m. on their scheduled pickup day. Any recycling not placed out by this time may be subject to a missed pickup service. The rescheduling of a missed pickup is solely chosen by Good Earth Recycling and may be subject to rejection. Good Earth Recycling operates pickups between 9 a.m. and 5 p.m., and routes are subject to change at any time. Therefore, an individual member’s pickup time may occur any time between 9 a.m. and 5 p.m. on the scheduled pickup day. Good Earth Recycling is not to be held responsible for any recycling not placed on the customers own property or in the area designated by the customer. Good Earth Recycling provides as a courtesy to our members three 33-gallon recycling bags per pickup. These bags are optional and not guaranteed.
Good Earth Recycling may change the price for the monthly, bi-monthly, or weekly service from time to time. In respect of the Good Earth Recycling services, such changed price will not affect current service users unless there is a cancelation of service after a price change.
Automatic subscription renewal
Your subscription to the Good Earth Recycling services will automatically renew on the number day of the month that was originally signed up upon unless you terminate your subscription by contacting us by email or phone. This charged date may be changed to your convenience by contacting us. Such renewal will be for a by month or by year subscription term, even if the previous subscription term was for a shorter period. At the time of renewal the payment method you have designated to be charged for the purchase of the Good Earth Recycling services will automatically be charged our then current fees for the applicable subscription.
Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Good Earth Recycling services and website is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the service or website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the service or website. Because the service or website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
Term and termination
This Agreement will become effective in relation to you when you create sign up for Good Earth Recycling services and will remain effective until terminated by you or Good Earth Recycling. You may cancel your subscription of the Good Earth Recycling services at any time by contacting us by phone or email, and termination shall have effect either immediately or at your choice as long as it is within the current subscription period that you have already paid for. Good Earth Recycling will not refund any remaining portion of subscription fees you have already paid for. Good Earth Recycling reserves the right to terminate this Agreement or suspend your Good Earth Recycling account at any time in case of unauthorized, or suspected unauthorized use of the Good Earth Recycling services whether in contravention of this Agreement or otherwise. If Good Earth Recycling terminates this Agreement, or suspends your Good Earth Recycling services for any of the reasons set out in this section, Good Earth Recycling shall have no liability or responsibility to you, and Good Earth Recycling will not refund any amounts that you have previously paid.
Good Earth Recycling will issue a refund or discount for services that are not carried out due to fault of Good Earth Recycling in itself. Refunds will not be issued for services provided correctly or along with our Terms of Services. Service missed due to the incorrect information provided by the customer or due customer negligence will not be issued a refund.
Good Earth Recycling respects intellectual property rights, and expects you to do the same. The Good Earth Recycling services and the content provided through the Good Earth Recycling Service is the property of Good Earth Recycling or Good Earth Recycling's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Good Earth Recycling services (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the Good Earth Recycling service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Good Earth Recycling services.
Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the Good Earth Recycling websites are infringing copies of your work, please let us know immediately. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to Good Earth Recycling's designated copyright agent by contacting Goodearthrecycle@gmail.com. A notification of claimed copyright infringement must be addressed to Good Earth Recycling's copyright agent listed above and include the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; Specific identification of each copyrighted work claimed to have been infringed; A description of where the material believed to be infringed is located on Good Earth Recycling services or the Good Earth Recycling Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting); Contact information for the complaining party, such as a complete name, address, telephone number, and email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.
Technology limitations and modifications
Good Earth Recycling will make reasonable efforts to keep the Good Earth Recycling service operational. However, certain technical difficulties, employee illness, acts of god or maintenance may, from time to time, result in temporary interruptions. Good Earth Recycling reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Good Earth Recycling services with or without notice.
Good Earth Recycling may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and Good Earth Recycling agree that any dispute, claim or controversy arising out of or relating in any way to the Good Earth Recycling services or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Good Earth Recycling are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Good Earth Recycling subscription. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA. ii. You and Good Earth Recycling agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Good Earth Recycling Service are NOT subject to mandatory arbitration. Instead, you and Good Earth Recycling agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in Lubbock, Texas, and that applicable Texas and/or Texas law shall govern, without regarding to choice of law principals. iii. YOU AND GOOD EARTH RECYCLING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Good Earth Recycling. Any arbitration costs or fees deemed "excessive" will be paid by Good Earth Recycling. v. You and Good Earth Recycling agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and Good Earth Recycling further agree that applicable laws of the State of Texas shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in Lubbock, Texas.
What we do with your personally identifiable information
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a member or provide you with any products or services. “Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
your name, company, email address, phone number, billing address, and shipping address
credit card information
any account-preference information you provide us
your computer’s domain name and IP address, indicating
where your computer is located on the Internet
session data for your login session, so that our computer can ‘talk’ to yours while you are logged in
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as news about our services, pickup reminder text messages and modifications to the Terms of Service;
take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
not use or disclose the information except:
as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to provide your service;
in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
as required by law, for example, in response to a subpoena or search warrant;
to outside auditors who have agreed to keep the information confidential;
as necessary to enforce the Terms of Service;
as necessary to protect the rights, safety, or property of Good Earth Recycling, its users, or others; this may include exchanging information with other organizations for fraud protection and/or risk reduction.
Other information we collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site; research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.
Goodearthrecycle.com uses “cookies” to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our Web site.
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Your privacy responsibilities
To help protect your privacy, be sure:
not to share your sensitive information with anyone claiming to be associated with Good Earth Recycling;
to close out of the Good Earth Recycling Web site when you are finished;
to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
Information collected from children
You must be at least 13 years old to use Good Earth Recycling’s websites, or to be involved with any community events that Good Earth Recycling holds. Good Earth Recycling does not knowingly collect information from children under 13 without a parent or guardian consent.
Questions or comments?
Thank you for choosing Good Earth Recycling!
Copyright © 2016 Good Earth Recycling and its affiliates. All rights reserved.
Good Earth Recycling
Lubbock, TX 79424