IMPORTANT: USING THE ONLINE MATERIALS EXCHANGE WEB SITE CONSTITUTES ACCEPTANCE OF THIS USER AGREEMENT.

This User Agreement describes the terms and conditions under which you may use the NYC WasteMatch Web site. Please read it carefully. If you do not accept the terms and conditions stated here, do not use this site. NYC WasteMatch may revise these terms and conditions at any time by updating the User Agreement. You should visit this page periodically to review the terms and conditions because they are binding on you.

If you have any questions about the User Agreement, please contact the Site Administrator.

Provider:

NYC WasteMatch is provided by NYC Department of Sanitation, Bureau of Waste Prevention, Reuse and Recycling (BWPRR) and the Materials Exchange Development Program (MEDP) as a public service to the residents of New York City. The goal of NYC WasteMatch is to provide a safe and efficient venue for exchanging relatively inexpensive, re-usable items so that these items may be kept out of the waste stream. The focus of NYC WasteMatch is waste reduction; not financial gain by registered site users.

Users:

There are two categories of "users" of NYC WasteMatch: those listing items for sale or to be given away and those who are seeking items to acquire or purchase. Throughout this Agreement, the terms "user" and "you" are to be considered synonymous.

User Eligibility:

To be eligible to list items on NYC WasteMatch, you must be a resident, business or organization of New York City. The person creating the listing must be at least eighteen (18) years old. If you do not qualify, please do not use this site. Individuals who have been temporarily or indefinitely suspended from the site may no longer use NYC WasteMatch.

Site Administrator:

NYC WasteMatch is operated by a Site Administrator who is responsible for ensuring that NYC WasteMatch runs efficiently, that it promotes the goal of waste reduction, and that it is operated in manner that is responsible and does not promote harmful, offensive, or illegal activity.

The Site Administrator has authority to implement the goals of NYC WasteMatch and to ensure that the site is operated in a safe and efficient fashion. The Site Administrator may: (1) set price restrictions for items listed on the site, (2) limit the numbers of items an entity may list at one time, (3) limit the duration that a listing appears online, and (4) limit the type of materials that may be exchanged on the site.

If, in the Site Administrator's opinion, a listing does not promote the goals of NYC WasteMatch, is inconsistent with the site's Listing Policy, or is potentially harmful, offensive, or illegal, the administrator may remove the listing from the NYC WasteMatch.

Furthermore, the Site Administrator has the authority to warn, temporarily ban, or permanently ban any individual from using NYC WasteMatch if that individual has posted a listing that has been removed for the reasons set forth in the previous paragraph. The Site Administrator's decision in this regard is final and may not be appealed or reviewed.

Fees:

There is no fee to list items on NYC WasteMatch. This is a free service.
NYC WasteMatch users are responsible for all costs relating to shipping and sales tax. At no time shall NYC WasteMatch be responsible for any costs incurred by users of NYC WasteMatch.

Material Exchange Overview:

This site acts as a venue for users to list, purchase, or acquire items. NYC WasteMatch is not involved in the actual transaction between users. As a result, NYC WasteMatch has no control over the quality, safety or legality of the items advertised; the truth or accuracy of the listings; the ability of users to sell or giveaway items; or the ability of users to buy or acquire items. NYC WasteMatch cannot and does not ensure, warrantee, or guarantee that a user will actually complete a transaction.

Safe Trading:

Because user authentication on the Internet is difficult, NYC WasteMatch cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Outside Links:

NYC WasteMatch permits users to post links to outside Web sites where photos or more detailed descriptions of items may be found. NYC WasteMatch has no control over the content to be found on any of these Web sites. Users should exercise extreme caution in visiting any Web site with which they are not personally familiar. NYC WasteMatch assumes no responsibility for any consequences associated with visiting a Web site through a link on NYC WasteMatch.

Release:

By using the NYC WasteMatch or in the event that you have a dispute with one or more users, now or in the future, you agree unconditionally to release NYC WasteMatch, its employees and agents from any and all liability, claims, demands, and damages (actual, incidental 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 the use of NYC WasteMatch. Information provided through NYC WasteMatch is supplied by the lister of the material, not NYC WasteMatch. No advisor, agent, or employee is liable or responsible for any warranty, expressed or implied, as to the accuracy of the material description, the suitability for a particular use, or the salability of any material offered through this service. Neither NYC WasteMatch, its sponsors nor any advisor or employee thereof is liable for any information, error, or representation, nor makes any warranty, expressed or implied, as to the accuracy or quality of any information, service, or product/equipment offered through the NYC WasteMatch.

Information Control:

This is a user-monitored site. Please report any suspected misuse to the Site Administrator. NYC WasteMatch can not and does not attempt to monitor the content of all listings that it receives. The requirements set forth in this User Agreement are obligatory, but as a practical matter likely to be enforced after the fact by the Site Administrator. IT IS POSSIBLE THAT YOU MAY FIND OTHER USER'S INFORMATION OR LISTINGS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. Use caution, common sense, and practice safe trading when using our site.

Buying & Selling:

NYC WasteMatch provides a forum to list materials, to make an offer to sell, and to make an offer to buy. NYC WasteMatch, however, is not involved in the transaction or in enforcing the transaction agreements. Disputes concerning the offer, acceptance, consideration, or any other issues relating to the validity of the contract, are to be resolved between the parties. In no circumstance is NYC WasteMatch to be a party to such disputes.

Listing Description:

Listings may include a text description and photograph describing the item that is for sale or that you wish to give away. All items must be listed in an appropriate category. You may not promote identical items in more than one listing on our site at any one time.

Lister Responsibilities:

Listers should remove their NYC WasteMatch listing if no longer valid and report all successful exchanges. This feedback is absolutely critical to justify the continuation of this program. In addition, the Site Administrator may, at his or her discretion, temporarily or permanently bar a user from accessing NYC WasteMatch if the user violates this listing policy.

Fraud and Criminal Activity:

Without limiting any other remedies, NYC WasteMatch may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or criminal activity in connection with our site.

Your Information:

"Your Information" is defined as any information you provide to NYC WasteMatch, or to other users, during the registration, buying, or listing process, in any public message area (including the feedback area), or through any e-mail feature. You are solely responsible for "Your Information", and we act as a passive conduit for your online distribution and publication of "Your Information". "Your Information" (or any items listed therein):

1. shall not be false, inaccurate, or misleading;


2. shall not be fraudulent or involve the sale of counterfeit or stolen items;


3. shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;


4. shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);


5. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;


6. shall not be obscene or contain child pornography or be otherwise adult in nature or harmful to minors;


7. shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;


8. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and


9. shall not link directly or indirectly to or include descriptions of goods or services that:
   
   • are prohibited under this Agreement;
   
   
   • are identical to other items you have up for sale but are priced lower than your item's minimum price on the Online Materials Exchange;
   
   
   • or you do not have a right to link to or include.

You may not list any item on our site (or consummate any transaction that was initiated using our site) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Items list (which includes hazardous materials).

So that NYC WasteMatch does not violate any rights you might have in "Your Information", and solely to enable NYC WasteMatch to use the information you supply to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights you have in "Your Information", in any media now known or not currently known, with respect to "Your Information". NYC WasteMatch will only use "Your Information" in accordance with our Privacy Policy.

Access and Interference:

Our Web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the NYC WasteMatch Web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for "Your Information") from our Web site without the prior expressed written permission of NYC WasteMatch or the appropriate third party.

Breach:

Without limiting other remedies, NYC WasteMatch may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership 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 legal liability for you, our users, or NYC WasteMatch.

Privacy:

View our complete Privacy Policy.

No Warranty:

NYC WasteMatch does not warrant that the Web site will operate error free or that this Web site and its server are free of computer viruses or other harmful materials. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our suppliers provide our Web site and services "as is" and without any warranty or condition, express, implied, or statutory.

No Limit:

In no event shall NYC WasteMatch 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).

Indemnity & Hold Harmless:

You agree to defend, indemnify and hold NYC WasteMatch is supplied by the lister of the material, not the NYC WasteMatch, the City of New York, the City College of New York (CCNY), the Materials Exchange Development Program (MEDP), their employees or agents (including, but not limited to, elected officials, affiliates, officers, directors, agents, and employees) 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.

Legal Compliance:

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any selecting, listing, purchase, solicitation of offers to purchase, and sale of items.

Additional Terms:

The following documents are incorporated by reference:

Listing Policy:

We may change the Listing Policy from time to time. Changes are effective upon posting to this Web site.

Prohibited Items Policy:

We may change the Prohibited, Questionable & Infringing Item Policy from time to time. Changes are effective upon posting to this Web site.

Privacy Policy:

We may change our Privacy Policy from time to time. Changes are effective upon posting to this Web site.

General:

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.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.

Copyright © 2006 iWasteNot Systems Inc. All Rights Reserved.