TERMS OF USE
Last Updated: October 10, 2017

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Acceptance of Terms

Binned, Corp. (“BINNED”) makes this internet accessible website (“Site”) and related mobile application/mobile accessible website (“App”) (Site and App are collectively referred to as the “System”), including all information, documents, communications, files, text, graphics, software, and services available through the System (collectively, the “Content”) and all products and services, including general trash bin cleaning services and products, provided and operated by BINNED and third parties through the System (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that BINNED may publish from time to time (collectively, the “Terms of Use”).

BINNED believes in protecting your privacy. Please review our current Privacy Policy (“Privacy Policy”), which can be found at Privacy Policy and is incorporated herein by reference, to understand and agree to our policies regarding your privacy.

You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.

BY ACCESSING OR USING THIS SYSTEM, WHETHER OR NOT AS A REGISTERED USER, IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, POSTING/UPLOADING OF ANY CONTENT, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE OR APP, YOU REPRESENT THAT YOU ARE OVER 18 YEARS OF AGE, AGREE TO, AND ARE BOUND BY THE TERMS OF USE AND PRIVACY POLICY. YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IS BETWEEN BINNED AND YOU.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SYSTEM.

This System, including Content and Services, is directed to those individuals and entities located in the United States where BINNED is offering Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) BINNED is not offering Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations, including those laws or regulations concerning general trash bin cleaning services, certain environmental regulations, product sales, and the like. If this exclusion applies to you, you are not authorized to access or use any of the information on this Website. BINNED makes no representation that the information, opinions, advice or other Content or Services, whether or not through the System, is appropriate or that the System, Content, or Services are available outside of the United States or outside of BINNED’s specific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.

BINNED reserves the right to update or modify the Terms of Use at any time without prior notice. Your continued use of any portion of the System, including any portion of the Site and/or App, whether or not as a registered user, following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, you are advised to review these Terms of Use whenever you use the System. The Terms of Use may be found at any time on the Site and App, and BINNED will provide you with a copy of the Terms of Use upon written request.

Use of Services

The Contents and Services of the System, and the System as a whole, are intended to primarily facilitate general trash bin cleaning services, product sales, and the like, which may include users signing-in to the System, entering their credit card information, selecting trash bin cleaning services, paying for such services and any related products, and the like, as set-forth and defined by BINNED and subject to change by BINNED at any time, in BINNED’s sole discretion. The Content and Services of the System may further include confirmation of user account information supplied to BINNED, payment services, either through BINNED or a third party servicer, recordation of services performed or products sold through the System, scheduling of services to be performed by or on behalf of BINNED, and the like, as set-forth and defined by BINNED and subject to change by BINNED at any time, in BINNED’s sole discretion. BINNED provides the System for the aforementioned purposes and use outside of this scope is not approved and is strictly prohibited without the express written permission of BINNED. More information on the Services and Content and specific terms and conditions of their individual use can be found here Terms and Conditions for Services. Users may use some or all of the features of the Services and Content. BINNED RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AND CONTENT, AT ANY TIME, IN ITS SOLE DISCRETION.

Services and Content provided by BINNED shall be provided and/or performed with reasonable skill, care, and diligence, however, BINNED is not responsible for, and you agree not to hold BINNED liable for, the actions and work provided by any other service providers that you select from BINNED’s System, such as payment processing services. BINNED will use reasonable endeavors to provide Content and/or Services within the reasonable time frame provided by BINNED for each action requested by you; however, it is agreed by you that time is not of the essence. Any time frame provided by BINNED is only an estimate, and accordingly, BINNED does not accept any responsibility or liability, financial or otherwise, in the event that BINNED is unable for any reason to meet the estimated time frame. BINNED shall not be responsible for any failure to provide Content or perform Services, including where such failure was caused by an act of God, act of governmental or any other lawful authority, war, riot, civil commotion, natural disaster, loss of power, or loss of communication channels.

Permission is granted by BINNED to you, the user, to review the Content and use the Services on the System in furtherance of the general trash bin cleaning services, product sales, and the like, and in accordance with the System’s Terms of Use, provided you (i) register as a user with the System and maintain active registration throughout your use of the System, (ii) agree that any such permission is revoked by BINNED upon termination, at BINNED’s sole discretion, or lapse of user registration, (iii) operate the System in accordance with BINNED’s policies, Terms of Use, and instructions, including those provided on the Site and App or otherwise provided in other electronic (e.g., email) or hardcopy form, including any additional services agreement, (iv) abide by all applicable state, federal, and local laws, including any laws or regulations regarding performance of trash bin cleaning services, payment processing, product sales, and the like, (v) do not infringe the rights of BINNED or any third party (including intellectual property or contractual rights), (vi) only use the Content and Services for your own personal use, (vii) agree to promptly pay all fees and costs charged for Content or Services, maintaining active user registration status, and any other fees necessary for you to operate or use the System in compliance with the Terms of Use, (viii) do not modify or alter the Content or Services in any way, (ix) do not modify or delete the copyright and other proprietary notices contained in the Content, (x) do not use any Content or Services or the System for any unauthorized purpose or assist others in such acts, and (xi) promptly advise BINNED of any errors, problems, or suggested improvements. BINNED may refuse Services or Content or suspend or terminate your use of the System at any time and in its sole discretion.

BINNED may provide Content and/or the Services itself, or BINNED may, in its sole discretion, instruct third parties, including independent contractors, to carry out, in whole or in part, any Services or provide any Content. BINNED does not provide any warranties of third party provided Services or Content, and shall not be liable for the Services or Content provided by third parties.

When using Services or Content on or through the System that are offered by BINNED, or by a contractor or other third party service provider through BINNED, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services or Content and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

This Site may also make Content, including information related to Services, user account, payment information, and related personal information, available through secured links on the System or otherwise through the World Wide Web (“Secured Content”). By accessing Secured Content and/or providing information that may be used or included as Secured Content, you agree, subject to the terms of the Privacy Policy, to waive any and all privacy, publicity, defamatory, moral, or similar rights or protections that you may have with regard to such Secured Content. If you are not willing to waive such protections, then you are not permitted to access the Secured Content available on or through the System.

In addition to the Content and Services offered by BINNED, the System may also make available materials, information, products, and/or services provided by third parties, including related cleaning services (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate agreements that accompany such services. BINNED does not monitor or endorse the third parties or the Third-Party Services. BINNED offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that BINNED is not responsible for the accuracy or truth of any information you provide to BINNED or any third party, including information about the cleaning, payment processing, or other services you seek, and shall not hold BINNED liable for any direct or indirect damages or any other liabilities arising therefrom. You agree that, with respect to information, including third party information, you provide or cause to be provided to BINNED or the Third-Party Services, you will not hold BINNED responsible or liable for any claims or damages, direct or indirect, or seek to do so.

With regard to any information or data submitted to BINNED by you or caused to be submitted by you, whether or not such information originates from you or a third party, you agree that BINNED has no responsibility or liability, direct or indirect, subject to the terms of the Privacy Policy, for the use or reliance on such other information or data. YOU AGREE THAT SUBMISSION OF DATA OR INFORMATION OF ANY KIND TO BINNED, THROUGH ITS SYSTEM OR OTHERWISE, IS AT YOUR SOLE RISK AND DISCRETION, AND YOU AGREE TO NOT HOLD BINNED responsible or liable for any claims or damages, direct or indirect, ARISING THEREFROM, or seek to do so.

Your Responsibilities as the Recipient Services

As the recipient of Services, you (i) agree to provide clear and concise instructions concerning the Services, including trash bin cleaning services, (ii) agree to provide all requested information to BINNED for processing Services in a timely manner, as prescribed by BINNED, and (iii) agree that once your instructions for Services are submitted, cancellation or changes to the instructions may not be available, and if available may be subject to partial or full priced fees, at BINNED’s discretion.

Registration and Payment for Services

All users of the System are required to and shall set up and maintain, keeping all user information correct and current, a unique user account for each specific user (regardless of whether that user is an employee or agent of any other user). Each and every unique user must agree to the Terms of Use and operate the System in accordance with the Terms of Use and instructions provided by BINNED on the Site and App. You may not: (i) select or use a login name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a login name that BINNED, in its sole discretion, deems inappropriate or offensive. You shall notify BINNED of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at BINNED’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

YOU AGREE THAT YOUR USE OF THE SYSTEM, AND ANY SERVICES OR CONTENT PROVIDED BY OR THROUGH THE SYSTEM, IS LIMITED TO YOU ALONE, AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY AND INDEMNIFY, DEFEND, AND HOLD BINNED HARMLESS FOR ANY LIABILITY OR USE ASSOCIATED WITH ANY THIRD PARTY’S USE OF THE SYSTEM, SERVICES, AND/OR CONTENT UNDER YOU OR ON YOUR BEHALF. YOU AGREE THAT USE OF THE SYSTEM, SERVICES, AND CONTENT IS LIMITED TO REGISTERED USERS ONLY, AND THAT YOUR LIMITED LICENSE GRANTED BY BINNED TO USE THE SYSTEM IS A NON-TRANSFERABLE LIMITED LICENSE TO USE THE SYSTEM.

The “Fees” to use the System and its Services are set by BINNED, from time to time, in its sole discretion, and is subject to change without notice. Unless otherwise stated, the Fees do not include taxes or duties of any kind, and all taxes and duties are responsibility of the user.

You agree to pay to BINNED all Fees, as set forth on the Site and/or App, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid prior to using any portion of the System, including the Site and App. If Fees are not paid, Content may not be provided and Services may not be performed. All payments shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have BINNED’s prior written approval or a valid order from a court having proper jurisdiction.

Maintenance and Support

Should you require maintenance and support for your use of the System, please contact BINNED at support@getbinned.com. Should you have any questions, comments, or claims about the System, please contact BINNED at BINNED, C/O Customer Service, Email: support@getbinned.comTel: 1 (855) 222-6920.

Intellectual Property

All Content and Services of the System, and the System itself, are subject to trademark, service mark, trade dress, internet domain name, copyright, patent, and/or other intellectual property rights or licenses, if any, held by BINNED, one of its affiliates, or by third parties who have licensed their materials to BINNED. All intellectual property rights in the System attributable to BINNED, and any derivative rights, shall remain BINNED’s sole property. Provided that you comply with these Terms of Use, including your obligations as to payment, use of the System, and otherwise, BINNED grants to you a limited, terminable at BINNED’s sole discretion, non-exclusive, and non-assignable license to use the intellectual property, excluding trademarks, logos, and service marks (“Marks”), of the System, with any such use not to exceed the scope and intent for use of the System as set forth herein by BINNED. You may not grant any sub-licenses nor transfer the benefit of the license hereby granted without the prior written consent of BINNED. If this Agreement terminates and/or if you are in default of these Terms of Use, this license shall automatically terminate.

The Marks displayed on or in connection with the System are the property of BINNED or other third parties. You are not permitted to use the Marks without the prior written consent of BINNED or such third party that may own the Marks.

You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from BINNED, and you agree to assign and do hereby assign to BINNED all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.

Communications and Submissions

BINNED may from time to time permit you to submit, upload and publish through the System or otherwise submissions, data, including service location data (e.g., residence address, etc.), comments, content, ideas, and other information related to the Services (such as commentary and feedback related to the Services) (collectively “User Content”). Any User Content which you submit to BINNED, whether through the System, Site, App, social networking or advertising website, or otherwise, by you or anyone acting on your behalf, regarding the System, Site, App, Content, and Services, shall be and remain your property. Any such User Content will be treated as non-confidential and, by submitting User Content to BINNED, you grant to BINNED and its agents a world-wide, perpetual, irrevocable, transferrable, sub-licensable, royalty-free license to use, copy, modify, creative derivative works of, distribute, publicly display or perform and otherwise exploit your User Content in any manner, in any and all media (whether now known or hereafter invented), in all formats and distribution channels, without further notice to, or consent from, you, and without requirement of payment to you or any other person. Without limiting the foregoing, BINNED will be entitled to use, reproduce, disclose, publish and distribute any User Content you transmit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services without compensating you in any way. Notwithstanding the foregoing, all personal data provided to BINNED will be handled in accordance with BINNED’s Privacy Policy. BINNED prohibits, and you agree to not, post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, offensive, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under applicable law. BINNED is not responsible for the content of such materials that you post or transmit to or from this Site.

Digital Millennium Copyright Act

BINNED respects the intellectual property of others and will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:

A. For purposes of providing written notice under the DMCA, BINNED has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to said designated Copyright Agent at the following address:
DMCA Complaints
BINNED, CORPORATION
Agent: Mark Elias
Address: 840 Cherry Hill, El Paso, Texas 79912 United States
Tel: 9155256619
Email: mark@getbinned.com

B. If you are a copyright owner or agent thereof and believe that third-party submitted content, including photographs and digital images, (“Third-Party Content”) available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 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.

C. If you believe that your Third-Party Content, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or authority under the law, to publish or use the Third-Party Content in your submission, you may submit a written counter-notice, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written counter-notice must include:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or El Paso County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.

D. If a counter-notice is received by our Copyright Agent, BINNED may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that BINNED may replace the removed Third-Party Content or cease disabling it in ten (10) business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Content, the removed Third-Party Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at BINNED’s sole discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider (such as or including BINNED), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.

Internet and Viruses

While using the internet and the System, you may encounter various costs, expenses, or technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the System. BINNED shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the System or the internet. For these reasons, BINNED recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.

Indemnification

In the event you, anyone acting on your behalf, or any third party asserts a claim, cause of action, or liability against BINNED that arises out of or is in connection with a breach of these Terms of Use, by you or anyone acting on your behalf, and/or arises from or is related to any claims, damages (consequential or otherwise), injuries (including those to a third party, you or anyone acting on your behalf), liabilities, or causes of action arising from the undertaking or performance of the Services, including general trash bin cleaning services, product sales, and the like, or any Third-Party Services, by you or anyone acting on your behalf, then you agree to indemnify, defend, and hold BINNED and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers harmless against any and all of such liability, damages, claims, and related costs, including, but not limited to, reasonable attorney's fees and court costs.

You further agree, represent, and warrant that any actions by you or data or information supplied to BINNED by you shall not be such as will cause BINNED to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold BINNED and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorney’s fees incurred by BINNED.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND BINNED OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BINNED MAKES NO WARRANTY THAT (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.

THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BINNED MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND BINNED MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) BINNED DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTY ADVERTISING ACCESSIBLE THROUGH LINKS, INCLUDING ADVERTISING BANNERS, ON THE SITE OR APP; (ii) BINNED MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTY ADVERTISERS, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTY ADVERTISERS ARE AT YOUR OWN RISK; AND (iv) BINNED SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY SUCH THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BINNED ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR APP OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SYSTEM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BINNED OR THROUGH OR FROM THE SYSTEM, CONTENT, OR SERVICES SHALL CONSTITUTE LEGAL, COMMERCIAL, OR OTHER ADVICE OF RELIANCE OR CREATE ANY LIABILITY OF BINNED OR ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOUR USE OF THE SYSTEM, CONTENT, AND SERVICES SHALL NOT CREATE, AND YOU AGREE NOT TO ASSERT, ANY FORM OF JOINT VENTURE, PARTNERSHIP, JOINT OR SEVERAL LIABILITY, AGENCY, OR ANY OTHER FORM OF RELATIONSHIP BETWEEN YOU AND BINNED, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN.

DEPENDING ON YOUR USE OF THE SYSTEM, BINNED MAY HAVE ADDITIONAL OR REPLACEMENT TERMS AND CONDITIONS AVAILABLE ON THE WEBSITE HERE TERMS AND CONDITIONS FOR SERVICES, WHICH MAY BE UPDATED FROM TIME-TO-TIME, AND YOUR USE OF THE SYSTEM MAY BE GOVERNED BY SUCH ADDITIONAL TERMS AND CONDITIONS. IT IS YOUR RESPONSIBILITY TO REVIEW ADDITIONAL BINNED TERMS AND CONDITIONS AND ENSURE YOUR COMPLIANCE, AT ALL TIMES, WITH ALL SUCH APPLICABLE TERMS AND CONDITIONS. IN THE EVENT THAT THESE TERMS OF USE CONFLICT WITH ANY OTHER APPLICABLE BINNED WRITTEN TERMS OR CONDITIONS, SUCH ADDITIONAL OR AMENDED TERM(S) SHALL CONTROL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL BINNED OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BINNED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SYSTEM, ANY CONTENT ON THE SITE OR APP, SERVICES PERFORMED, OR WITH THE BINNED TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. YOU ACKNOWLEDGE, BY YOUR USE OF THE SYSTEM, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED ON THESE TERMS OF USE, PRIVACY POLICY, AND ANY OTHER APPLICABLE WRITTEN TERMS AND CONDITIONS OF BINNED, INCLUDING, BUT NOT LIMITED TO THE LIMITATION OF LIABILITY AND DISCLAIMERS.

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE HUNDRED AND NO/100'S DOLLARS ($500.00) OR THE RETAIL MONETARY VALUE OF YOUR TRANSACTIONS WITH BINNED OVER THE PAST THREE (3) MONTHS, WHICHEVER IS LESS.

YOU AGREE THAT ANY MOBILE APPLICATION MARKETPLACES, INCLUDING GOOGLE PLAY OR THE APPLE ISTORE, HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP OR SYSTEM AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE APP OR SYSTEM OR ANY DAMAGES, DIRECT OR INDIRECT, ARISING THEREFROM.

Waiver

Any failure, forbearance or delay on the part of BINNED to exercise any remedy or right herein shall not operate as a waiver. The failure of BINNED to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.

Enforcement of Terms and Conditions

By accessing and using the System, you agree that your access to and use of the System and any Service, Content, Transmission, or communication related to the System is subject to the Terms of Use and Privacy Policy, specific services agreement, and all applicable laws, as governed and interpreted pursuant to the laws of the State of Texas, United States of America. You also agree that any claims or disputes against BINNED whatsoever arising hereunder shall be submitted to binding arbitration in El Paso County, State of Texas, in accordance with the rules and procedures of the American Arbitration Association.

Contact Us

If you would like to request additional information regarding these Terms of Use, BINNED’s Privacy Policy, use of the System, or otherwise, please contact us at support@getbinned.com.