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Terms and Conditions: Life Cycle Services

The following Terms and Conditions apply to the use of this Web site and to the use of all information, software, function, graphics, artwork, and any other material contained on this Web site (referred to separately and collectively as the “Contents”). By using this Web site and the Contents, you agree to abide by these Terms and Conditions which shall be binding on you, your successors and assigns.

Use of Web site

You agree to use this Web site and the Contents only for your internal or informational purposes or as specifically authorized in these Terms and Conditions and elsewhere on this Web site. Use for any other purpose is prohibited. You access, download or distribute any material from the Web Site at your own risk and discretion, subject to applicable laws and these Terms of Use. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your reliance upon any such material. The administrator of this Website, Container Life Cycle Services LLC (“Administrator”) assumes no responsibility, and will not be liable, for any damages to, or any virus or any other disabling code that may infect your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Web Site, any of its material, or any other site that contains a link to the Web Site

Registration and Passwords

Sections of this Web site are only available to you if you register as required in this Web site. You agree to provide true, accurate, complete and current information about yourself when registering and to update the information as needed to keep it true, accurate, complete and current. By registering, you agree to these Terms and Conditions and agree to allow Administrator to collect your registration information and allow Administartor to track your usage of this Web site to help Administrator provide data to EarthMinded Life Cycle Service network participants (Life Cycle Services)and EarthMinded LLC (Consumer Products) improve the products and services they provide. You further agree to allow Administrator to periodically send promotional email to you about this Web site and about EarthMinded™ branded products and services. Upon your request, Administrator will cancel your registration, thereby removing you and your registration information from Administrator’s database and terminating your access to selected sections of this Web site. Upon cancellation of your registration, you will no longer receive email contact from Administrator as provided through this Web site. To request a cancellation of your registration or to update your registration information, contact Container Life Cycle Services LLC. If Administrator has reason to believe your registration information is not true, accurate, complete or current, Administrator reserves the right to terminate your registration and refuse any and all future use of this Web site or the Contents. Administrator’s use of any personal information you provide as part of the registration process is governed by the terms of the Privacy Policy conatined on the Web Site. To use certain sections of this Web site, you will need a user name and password, which you will select as part of the registration process. You acknowledge that Administrator reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Administrator, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password. You agree to immediately notify Administrator of any unauthorized use of your password or any other breach of security. Administrator is not and will not be responsible for any loss or damage resulting from your failure to protect your user name and password.

Updates and Changes to Web site

Administrator monitors the Contents, use, and user comments regarding this Web site. Administrator may make improvements, updates or changes to this Web site and the Contents at any time without notice to you. Administrator may also modify these Terms and Conditions without notice to you. By continuing to use this Web site after modifications have been made to these Terms and Conditions, you accept the modifications made to these Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.

Empty Container Shipment and Environmental Impact Reports

This report is based upon algorithms based upon certain assumptions and mathematical averages. While every effort is made to ensure that the content of this report is accurate, the report is provided on an "as is" basis and Container Life Cycle Management LLC makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the content of this report is provided in good faith, we do not warrant that the information will be kept up to date, be true, accurate and not misleading, or that this site will always (or forever) be available for use.

This report contains confidential information and intended solely for the use of the EarthMinded™ Member to whom it is addressed. All material in this report, including text, images and formatting, is protected by copyright law and such copyright is owned by Container Life Cycle Management LLC unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, distributed, broadcast or transmitted in any way without the copyright owner’s consent, except in connection with such EarthMinded™ member's internal reporting purposes.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE CONTENTS ARE PROVIDED “AS IS,” AND THAT YOUR USE OF THE WEB SITE AND THE CONTENTS ARE AT YOUR OWN RISK. ADMINISTRATOR, EARTHMINDED™ LCS NETWORK PARTICIPANTS AND EARTHMINDED LLC MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEB SITE OR THE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ADMINISTRATOR, EARTHMINDED LCS NETWORK PARTICIPANTS AND EARTHMINDED LLC ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, RESULTS, OR DAMAGES THAT MAY OCCUR FROM THE USE OF THIS WEB SITE OR THE CONTENTS. ADDITIONALLY, ADMINISTRATOR, EARTHMINDED™ LCS NETWORK PARTICIPANTS AND EARTHMINDED LLC MAKES NO WARRANTY THAT: (1) THIS WEBSITE OR THE INFORMATION AVAILABLE ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS; (2) THIS WEB SITE OR THE CONTENTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; (4) THIS WEB SITE AND THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (5) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED OR TRANSFERRED THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS OR (6) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE. ADMINISTRATOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. This Disclaimer of Warranties applies to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied or other warranties, so the above Disclaimer of Warranties, or parts of it, will not apply to you to the extent that they are prohibited by law. No modifications of this Disclaimer of Warranties are authorized unless they are in writing and signed by you and Administrator. Any such written modifications must be signed by a President or Vice President of Administrator.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ADMINISTRATOR, EARTHMINDED™ LCS NETWORK PARTICIPANTS, EARTHMINDED LLC OR ANY CONTENT PROVIDER OR LICENSOR OF THE FOREGOING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF ADMINISTRATOR OR ITS CONTENT PROVIDERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENTS (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (4) ANY OTHER MATTER RELATING TO THE WEB SITE OR ITS CONTENT. YOU AGREE THAT THE TOTAL LIABILITY OF ADMINISTRATOR, EARTHMINDED LCS NETWORK PARTICIPANTS AND EARTHMINDED LLC, AS APPLICABLE, FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS WEB SITE AND THE CONTENTS, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THREE HUNDRED DOLLARS ($300). IF YOU ARE DISSATISFIED WITH THE INFORMATION AVAILABLE TO YOU THROUGH THIS WEB SITE, OR WITH ANY OF THE TERMS OF USE OF THIS WEB SITE AND THE CONTENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE AND THE INFORMATION AVAILABLE THROUGH THIS WEB SITE.

Proprietary Interests, Copyrights and Trade Names

Administrator and its licensors reserve all rights in and to this Web site and the Contents unless otherwise expressly provided. Administrator and its licensors vigorously protect all their respective intellectual property rights. Unless otherwise noted, Administrator claims a proprietary interest and copyright in this Web site and all of the Contents. Administrator’s claim includes Administrator’s intellectual property interests in the questions, sequence of questions, analysis and logic used in this Web site, and in the documents referenced in this Web site. This Web site may include information, software and other tools which are the proprietary property of others. Administrator is using such information, software and other tools with permission and authority from the owners of such proprietary rights (when required). You may print or copy the Contents of this Web site for your information and education only. Any re-use or distribution of the Contents for commercial use is prohibited. You may not use any of the Contents of this Web site for any illegal or unauthorized purposes. Except as specifically authorized above, you may not modify, print, copy, distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way this Web site or the Contents unless expressly authorized by these Terms and Conditions, the express provisions on this Web site, a separate written agreement signed by you and Administrator, or applicable law. This Web site may also include various product names, business names, logos, slogans, and other marks in which Administrator has a registered trademark interest or other protectable interest (collectively “Administrator Marks”). It may also includes product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively “Other Marks”). You may not in any way use any Administrator Marks or Other Marks on this Web site without the prior express written permission of the owners. Submitting Your Comments and Ideas Administrator welcomes your comments and ideas, including ideas for new products, improvements to existing products, and improvements to this Web site and the Contents. Administrator carefully reviews and considers your comments and ideas, but is unable to implement all of them. In order for Administrator to freely respond to your comments and ideas and to implement Administrator’s own ideas (which may be similar or identical to yours), all comments and ideas submitted to Administrator will become Administrator property. By submitting comments or ideas to Administrator, you waive all rights you may have in them. Your comments and ideas will not be treated as confidential. Links to Third Party Sites This Web site may include links to other sites which are not owned, operated, or controlled by Administrator. Administrator provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that Administrator endorses the linked sites, their contents, or any products or services described or sold on them. Administrator is not responsible for the contents or use of any linked site or any link contained in a linked site. Administrator is not responsible for making changes or updates to any such sites.

Indemnity

You agree to indemnify, defend, and hold harmless Administrator, EarthMinded™ LCS network participants and EarthMinded LLC and their respective officers, employees, directors, agents, suppliers and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from: (1) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (2) your submissions of data to the Web Site; and/or (3) your activities in connection with the Web Site or Contents.

Privacy Policy Statement

Registration data and certain other information about you is subject to the Privacy Policy.

General

These Terms and Conditions will be governed and construed under the laws of the State of Ohio, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this Web site or the Contents, including these Terms and Conditions, will be filed only in the state or federal courts located in Ohio. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any term or provision of these Terms and Conditions is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms and Conditions will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law. Any failure by Administrator to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. The terms and provisions set forth in this Terms of Use are the complete and exclusive Terms of Use between Administrator and you and they supersede and cancel all previous agreements, communication, and other understandings pertaining to this Terms of Use, except any terms and conditions contained in the Privacy Policy or other policies posted on the Web Site. The terms and provisions of this Terms of Use may not be assigned, transferred, or sublicensed by you; however, Administrator reserves the right to assign these Terms of Use in part or in whole to any third party. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual whatsoever