TURN COMPOST, LLC
Terms and Conditions
Turn Compost Residential Terms of Service
This Residential Terms of Service Agreement (“Agreement”) is made and entered into as of the (sign up date) by and between Turn Compost, LLC. (the “Company”), and (“Customer”). The Customer desires to retain Company to perform services for the Customer and Company is willing to perform such services, on terms set forth more fully below. In consideration of the mutual promises contained herein, the parties agree as follows:
SERVICES AND COMPENSATION
Company agrees to perform for the Customer the services (“Services”) described in the addendum attached as Exhibit A.
The Customer agrees to pay Company the compensation set forth below:
Recurring monthly fee of $35 and one-time fee of $35 for set-up and Onboarding, both fees will add state and local tax of 8.25%.
Customer agrees to allow Company onto property to provide Services. Customer is responsible for maintaining property, and ensuring that property is safe and does not present any hazardous or dangerous obstacles for Company. Additionally, Customer is responsible for ensuring that all necessary individuals or entities are made aware that Company has permission to be on the property.
CONTENTS OF MATERIAL
Company collects only pre-consumer food pulp (“Waste”). This includes AND IS LIMITED TO:
(i) Coffee and tea grounds
(ii) Fruit pulp
(iii) Veggie pulp
(iv) Crushed almonds
In the event waste collected by Company includes items not listed above, Turn Compost reserves the right to decline pick up, or discard of Waste in a non-compost manner.
Pursuant to the terms of this Agreement, Company will provide informational materials related to Services to Customer through the Company website. Customer will be expected to abide by the processes and procedures communicated in the informational materials. All materials are available on the website, and Company is available to answer questions at any time. All questions should be emailed to email@example.com.
PRIVACY AND CONFIDENTIALITY
Definition. “Confidential Information” means any information, content, or materials discovered by Company in the course of dealing with Customer Waste.
Non-Use and Non-Disclosure. Company will not, during or subsequent to the term of this Agreement, use the Company’s Customer’s Confidential Information for any purpose whatsoever other than the performance of the Services on behalf of the Customer or disclose the Customer’s Confidential Information to any third party. It is understood that said Confidential Information shall remain the sole property of the Customer. Company further agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information. Confidential Information does not include information which is known to Company at the time of disclosure to Company by the Customer as evidenced by written records of Company, has become publicly known and made generally available through no wrongful act of Company, or has been rightfully received by Company from a third party who is authorized to make such disclosure.
Company has not made any representations or warranties related to the education, training, certification, or expert status of any kind related to the Company or any partners, owners, members, principals, employees, contractors, attorneys, agents, or representative.
TERM AND TERMINATION
Term. This Agreement will commence on the date first written above and as noted in confirmation sign up email and will continue until termination as provided below.
Termination. Either party may terminate this Agreement upon giving two weeks prior written by providing written notice thereof prior to the next subscription renewal date. Written notice may be provided to Company via email at firstname.lastname@example.org. The Company may terminate this Agreement immediately and without prior notice if Customer refuses to or is unable to meet the requirements of this Agreement or is in breach of any material provision of this Agreement.
Survival. Upon such termination all rights and duties of the parties toward each other shall cease except:
that the Customer shall be obliged to pay, within thirty (30) days of the effective date of termination, all amounts owing to Company for Services completed prior to the termination date and related expenses, if any, in accordance with the provisions of Section 1 (Services and Compensation) hereof; and
Sections 4 (Confidentiality) and 8 (Indemnification) shall survive termination of this Agreement.
Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Customer for any reason.
Customer agrees to defend, indemnify, and hold harmless the Company, along with its partners, owners, members, principals, employees, contractors, attorneys, agents, and representatives (individually, an “Indemnified Party” and collectively, the “Indemnified Parties”), for, against, and from (a) all third party claims arising out of or related to Customer’s Waste, actions, and statements made during the course of providing services under this Agreement, including any losses, costs, damages, expenses (including, without limitation, attorneys’ fees) or other liabilities incurred by the Company in responding to such third party claims, and (b) liabilities, claims (including, without limitation, claims and liabilities relating to remediation, bodily injury and property damage), causes of action, suits, judgments, damages, losses, costs, and expenses (including, without limitation, court costs, reasonable attorneys’ fees, and costs of work) of any nature (individually and collectively, “Losses”), to the extent arising out of, resulting from or incurred as a result of Customer’s Waste, actions, or statements made during the term of this Agreement or in the course of performing the Services. Customer further agrees to indemnify and hold harmless the Company and its directors, officers, and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from (i) any negligent, reckless or intentionally wrongful act of Customer or Customer’s assistants, employees or agents, or (ii) any breach by the Customer or Customer’s assistants, employees or agents of any of the covenants contained in this Agreement. The indemnification in this Section 810 shall not be limited because all or any part of any losses are (a) covered by insurance and/or (b) partially attributable to the conduct or alleged negligence of any indemnified party.
PERSONAL JURISDICTION AND FORUM SELECTION
Consent to Personal Jurisdiction. Customer hereby consents to the personal jurisdiction of the state and federal courts located in Texas for any action or proceeding arising from or relating to this Agreement or relating to any arbitration or meditation in which the parties are participants.
Forum Selection. Customer hereby agrees to bring any and all claims, legal proceedings, or litigation related to or arising out of this Agreement in Dallas County, Texas.
Acknowledgment. Customer has read and understands:
SECTION 4, WHICH DISCUSSES CONFIDENTIALITY,
SECTION 8, WHICH DISCUSSES INDEMNIFICATION; AND
SECTION 9, WHICH DISCUSSES PERSONAL JURISDICTION AND FORUM SELECTION.
It is the understanding and agreement of the parties that this Agreement shall be governed by the laws of the State of Texas, without regard to conflict of law provisions.
This Agreement is the entire agreement of the parties and supersedes any prior agreements between them, whether written or oral, with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the parties hereto.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
Set-up and Onboarding Services
Company provides “Delivery”
Informational Materials provided as specified in the Agreement
Transportation of Waste to partner farms and facilities
Transportation of cardboard waste to partner recycling facility
As needed, consultation on green and zero-waste business practices
Last updated: September 1st, 2018
User Content and Communications
Additionally, you agree not to transmit, distribute, post, communicate, or store information on this Sites that:
(a) is copyrighted, unless you are the copyright owner;
(b) violates or infringes on any other intellectual property rights of others or the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d) is obscene, libelous, defamatory, threatening, harassing, abusive, malicious, hateful, sexually explicit, or embarrassing to any other person or entity, advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or other illegal activities, or involves fraud, stalking, or otherwise violating the legal rights of others, is harmful to minors, attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate or otherwise objectionable, all as determined by RSL in its sole discretion;
(e) violates any applicable law or regulation;
(f) constitutes or contains junk mail, spam, advertisements or solicitations of a business, surveys, contests, chain letters, or pyramid schemes;
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines, engines, or other software, data, or programs that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data information, or property of another including, but not limited to, the Sites.
Disclaimer of Warranties and Liability
THIS SITES IS PROVIDED “AS IS”. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITES, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGHOUT THE SITES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITES OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER THERE IS NO WARRANTY THAT THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
It is the responsibility of the customer to review any and all services purchased from the Sites for use in any specific manner. We will not be liable for any damage to person or property stemming from misuse of a service purchased from the Sites. Additionally, we will not be liable for any mistakes made by the customer in the ordering or designing process.
All information provided on the Sites which is subject to copyright, trademark, or patent protection is the property of us, and will remain property of us. By using the site, you do not have the right to copy, reproduce, sell, use, or otherwise exercise the Intellectual Property rights in any way.
This policy outlines how we use, disclose, and collect data, including personal information and payment information, in conjunction with your access to and use of the XXXXX, Turn Compost Facebook page, Turn Compost Instagram page (the “Sites”). It is effective as of September 1st, 2018.
Information Collection and Use
While using our Sites, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, home address, and phone number (“Personal Information”). In limited circumstances we may also take payment information via telephone. We also track certain transaction history, including but not limited to, location, time period, and use. Where you have provided consent, we share your information, including personal information, as described at the time of consent such as when you authorize payment or participate in promotional activities. This Personal and transaction information will be used for a variety of purposes, and may be sold to third parties where allowed by law. Additionally, where permitted or required by law, we will provide personally identifying information to third parties, without your consent, to comply with court orders, subpoenas, or other legal or regulatory requirements. In the event this policy changes you will be notified via updates posted on the Terms and Conditions section of the websites.
Like many Sites operators, we collect information that your browser sends whenever you visit our Sites (”Log Data”). This Log Data includes information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Sites that you visit, the time and date of your visit, the time spent on those pages, and other similar statistics.
In addition, we use third party services such as Google Analytics that collect, monitor, and analyze the Log Data.
Do Not Track
We do not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Safari allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web Sites and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Sites.
The Sites use a variety of third party service providers to maintain and run the platform. Services providers may be located inside or outside of the continental United States. We need to share your information with these service providers in order to ensure the adequate performance of our obligations to you.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security against viruses, hackers, etc. Additionally, all payment information is currently processed through a third party payment service. We do not maintain any financial or payment information on our servers and are not responsible for the use, disclosure, or misuse of any such information.