Terms of Use

Terms of Use

Your use in any manner of the website located at http://www.preserve.eco or of any other website, web page or other Internet platform offered by or through Recycline Inc., Preserve, its parents, subsidiaries or affiliates, wherever or however offered, including without limitation, any page, application or platform offered through any social media website, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use are a legally binding contract between you, on the one hand, and Preserve, on the other hand (“Preserve”). This agreement governs all use of this Website.

Preserve reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, Preserve recommends that you review these Terms of Use whenever you use this Website. Your use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified Terms of Use.

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

Use Restrictions:

The contents on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively the “Materials”) are protected under laws of the United States of America and other countries. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Preserve and/or its licensors. Subject to your full compliance with these Terms of Use, Preserve authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall prejudice Preserve’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.

You may not “mirror” any Materials contained on this Website or accessible through this Website without Preserve’s written permission.

Any rights not expressly granted herein to use the Materials are reserved by Preserve in full.

You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (“Applicable Law”) or otherwise is prohibited by these Terms of Use, (ii) in any manner that could damage, disable, overburden or impair this Website, (iii) in any manner that may interfere with any other party’s use and enjoyment of this Website, or (iv) if you are under 13 years of age. You may not attempt to gain unauthorized access to this Website through hacking, password mining or any other means.

Preserve reserves the right, in its sole discretion, to terminate your access to this Website, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.

General Rules for User Generated Content
Content is Not Prescreened

PRESERVE does not guarantee to prescreen User Generated Content. PRESERVE does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. PRESERVE is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event PRESERVE chooses to monitor any User Generated Content, PRESERVE assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. PRESERVE reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Eligibility and Registration

To become a member of the PRESERVE Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to register for the Website and post User Generated Content.

PRESERVE's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to PRESERVE a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify PRESERVE in writing of any objectionable content appearing on the Website. PRESERVE will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Links

The Website may contain links to websites operated by other companies. PRESERVE does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. PRESERVE is not responsible for the content or policies of linked websites and you access such websites at your own risk.

Mobile Services

The Website contains services and features that are available to certain mobile phones. Your carrier's normal rates and fees apply. If PRESERVE charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using PRESERVE's mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.


Published Activity

PRESERVE allows you the option to publish about the actions you take on PRESERVE's Website to Facebook, Twitter, myGimme5.com and other social platforms. PRESERVE does not control which information gets disseminated on participating social platforms. You agree to allow PRESERVE to check your PRESERVE cookies when you are visiting participating social platforms, and allow PRESERVE to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.


Indemnification

You agree to indemnify, defend, and hold harmless PRESERVE, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

Warranty Disclaimer

PRESERVE is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, PRESERVE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PRESERVE cannot guarantee and does not promise any specific results from use of the Website. PRESERVE does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, PRESERVE does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. PRESERVE reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Rules and Regulations for the “Preserve Gimme 5 Local Heroes” Contest

Preserve currently offers the “Preserve Gimme 5 Local Heroes” Contest (the “Contest”) through its website located at http://www.preserveproducts.com/local-heroes (the “Main Website”). The Contest is subject to the Rules and Regulations below and the Terms of Use of the Website (the “Website Terms of Use”), which is incorporated by this reference. By entering the Contest, you are agreeing to both these Rules and Regulations and the Website Terms Use.

IF YOU DO NOT AGREE WITH THESE RULES AND REGULATIONS, DO NOT ENTER THE CONTEST.

NO PURCHASE NECESSARY TO ENTER OR TO WIN ANY PRIZES.

PURCHASES DO NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED.

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER OR PINTEREST.

Eligibility:

The Contest accepts entries from any legal resident of the fifty (50) states of the United States of America and the District of Columbia who (i) is eighteen (18) years of age or older at the time of entry (Nominees under the age of 18 must have the permission of a parent or guardian and have them submit the entry form on their behalf), (ii) is not an employee of Preserve, or any of its vendors or contractors (each a “Contractor”) nor an immediate family member of an employee of Preserve or any Contractor and (iv) is legally eligible to enter under any and all applicable federal, state or local laws, regulations or rules (“Applicable Law”).

Entries:

To enter the Contest, you must visit http://www.preserveproducts.com/local-heroes and follow the instructions to enter your full entry (“Entry” or “Entries”). Your Entry must include (i) your or your name, and (ii) your or your nominees’s valid email address. Limit five Entries per person or group during the time that Preserve holds the Contest.

Preserve, in its sole and absolute discretion, reserves the right to disqualify any Entry, at any time, even if already reviewed, that (i) violates the requirements for Entries or otherwise violates these Rules and Regulations or the Website Terms of Use, (ii) otherwise violates Applicable Law or (iii) subjects Preserve or its subsidiaries, affiliates, parents, officers, directors, employees, shareholders or customers to controversy, negative publicity, ridicule or scorn. Preserve further has the right, but not the obligation, to verify the eligibility of any entrant or of any information provided in any Entry.

Selection of Winners:

Preserve, in its sole and absolute discretion, may post selected Entries Entries – including finalists and winners – on the Website and on/or any other website, including, without limitation, any blog or social media website (the “Selected Sites”). During the Contest period, the winner shall be the entrant who (i) is not disqualified by Preserve under these Rules and Regulations and (ii) has been selected based on the evaluation of their entry form submission. Preserve may disqualify all entries that, in the sole and absolute discretion of Preserve, appear to have been submitted as a result of fraud, tampering or other inappropriate means, without limitation.

Notwithstanding anything in these Rules and Regulations to the contrary, Preserve reserves the right, to the maximum extent possible under Applicable Law and in its sole discretion, to terminate, cancel or modify the Contest for any reason, including, if it is incapable of completion as planned, for any reason, including, without limitation, because of viruses, worms, unauthorized access, flood, fire or other natural disaster, riot, insurrection or war, shortage of labor or materials, ruling or action of any foreign or domestic government or regulatory agency, or any other act of God or similar occurrence. If such action is necessary, Preserve may, in its sole and absolute discretion, select a winner through an alternative method than that which is otherwise provided under these Rules and Regulations.

Prizes:

Each selected winner of the Contest will receive a variety of Preserve products along with various coupons and/or other products from Preserve Gimme 5 sponsoring partners (the “Prizes”). The Prizes have an approximate value of $1000 (grand prize) and $75 (10 runner-up prizes). All coupons and other offers are subject to limitations stated thereon. Prizes may vary by individual and group/team winner. Preserve reserves the right to substitute any of the Prizes for an item or cash of approximately equal or greater value.

Any taxes due to the receipt of the Prizes are solely the responsibility of each winner of the Contest.

General Conditions:

In addition to all other rights Preserve otherwise has generally, and under these Rules and Regulations specifically, Preserve reserves all rights to cancel the Contest at any time, or to change any term of these Rules and Regulations. Preserve assumes no responsibility for any Entries that it does not receive or fully process for any reason, including without limitation technical or network difficulties.

IN ADDITION TO THE RELEASES, WAIVERS AND LIMITATIONS YOU ARE AGREEING TO UNDER THE WEBSITE TERMS OF USE FOR THE BENEFIT OF PRESERVE, YOU ARE AGREEING TO THE SAME RELEASES, WAIVERS AND LIMITATIONS FOR THE BENEFIT OF FACEBOOK, TWITTER and PINTEREST AS WELL BY ENTERING THE CONTEST.

Contact Information.

All inquiries and notices should be sent to marketing@preserve.eco or to the following mailing address:

Preserve
Attn: Local Heroes Contest
657 Main St.
Waltham, MA 02451

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