Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

 

1. OVERVIEW

These Terms of Use (“Terms of Use”) sets forth the terms and conditions of your use of the mobile application (the “Application”) and the websites for Distinct Media, Inc., and its subsidiaries ("Distinct" or "we" or similar references) (collectively, the "Application and/or Website") and the content and services (individually and collectively, the “Services”) found at the Application and/or Website. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using the Application and/or Website or the Services found at the Application and/or Website.  If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. USE OF THE APPLICATION AND/OR WEBSITE

In order to utilize certain Application and/or Website Services, you will be asked to create an account (“Account”) by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (The Application and/or Website’s Privacy Policy explains how such information may be collected and used). When you use a Service from Distinct on the Application and/or Website, you accept these Terms of Use and the specific terms applicable to that Service. Neither Distinct nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Application and/or Website.

The content on the Application and/or Website and the Services found at the Application and/or Website, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein (“Distinct Content”), are owned by or licensed to Distinct, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. The Distinct Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Distinct. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Distinct reserves all rights not expressly granted in and to the Distinct Content, the Application and/or Website and the Services found at the Application and/or Website, and these Terms of Use do not transfer ownership of any of these rights. You specifically agree not to distribute any of the Distinct Content without our prior written permission.

You agree not to circumvent, disable or otherwise interfere with the security-related features of the Application and/or Website or the Services found at the Application and/or Website (including without limitation those features that prevent or restrict use or copying of any Distinct Content) or enforce limitations on the use of the Application and/or Website or the Services found at the Application and/or Website or the Distinct Content therein.

You may not use the Application and/or Website in any manner that: (i) imposes an unreasonable or disproportionately large load on the Application and/or Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Application and/or Website; (ii) introduces a virus or other harmful component to the Application and/or Website; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Application and/or Website and (vi) results in the harvesting of any information concerning other users of the Application and/or Website.

Distinct may change, suspend or discontinue any aspect of the Application and/or Website at any time, including the availability of any Application and/or Website feature, or content. Distinct may also impose limits on certain features and services or restrict your access to parts or the entire Application and/or Website without notice or liability.

You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

3. ACCOUNT HOLDER REGISTRATION

Account Holders must be 18 years and older, have properly registered and have a waste or recycle collection service account with Distinct (a "Account Holder"). An account is available only to users who have completed the information required by the Application and/or Website's registration form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Application and/or Website's registration form. Distinct reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

4. RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of the Application and/or Website and the Services found at the Application and/or Website, including any content you submit will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  4. You will not use the Application and/or Website, or the Services found at the Application and/or Website in a manner that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of the Application and/or Website or the Services found at the Application and/or Website;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Distinct or Distinct’s Services.
  5. You will not copy or distribute any Distinct Content or Services found at the Application and/or Website, except where expressly authorized in writing by Distinct.
  6. You will not share your Account password with any third party, except as otherwise expressly permitted in writing by Distinct.
  7. You will not modify or alter any part of the Application and/or Website or the Services found at the Application and/or Website or any of its related technologies.

Distinct reserves the right to modify, change, or discontinue any aspect of the Application and/or Website or the Services found at the Application and/or Website, including without limitation prices and fees for the same, at any time.

5. LINKING

The Application and/or Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Application and/or Website to other web sites maintained by third parties, do not constitute an endorsement by Distinct or any of its affiliates of any third party web Application and/or Website or content. Distinct is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web Application and/or Website administrator or webmaster.

6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

USE OF THE APPLICATION AND/OR WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE APPLICATION AND/OR WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL DISTINCT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE APPLICATION AND/OR WEBSITE OPERATING UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE APPLICATION AND/OR WEBSITE; (3) THE VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE APPLICATION AND/OR WEBSITE CONTENT.

IN NO EVENT SHALL DISTINCT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE APPLICATION AND/OR WEBSITE.

IN NO EVENT SHALL DISTINCT, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH DISTINCT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE APPLICATION AND/OR WEBSITE, USE OF ANY APPLICATION AND/OR WEBSITE SERVICE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY DISTINCT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DISTINCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF DISTINCT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF DISTINCT, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE APPLICATION AND/OR WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE APPLICATION AND/OR WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO DISTINCT IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DISTINCT, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE APPLICATION AND/OR WEBSITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF DISTINCT.

7. INTERNATIONAL USE

We make no representation that information on the Application and/or Website is appropriate or available for use outside the United States. Those who choose to access the Application and/or Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

You acknowledge that all right, title and interest in and to all content on the Application and/or Website, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Application and/or Website, is the sole and exclusive property of Distinct, and is protected by U.S. and international copyright laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Distinct without its prior written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of Distinct. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Distinct. Any unauthorized use terminates any license or permission granted by Distinct. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Application and/or Website.

All Distinct trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Application and/or Website are the sole and exclusive property of Distinct. You may not copy or use any of Distinct's marks or any marks confusingly similar to Distinct's marks without the prior written consent of Distinct, nor may you use Distinct's marks in any manner that discredits or disparages Distinct. All other trademarks not owned by Distinct that appear on the Application and/or Website are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Distinct.

Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of Distinct, and may be used by us for any purpose without restriction or obligation.

9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Application and/or Website in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work(s) claimed to have been infringed;
  • A description of the material on the Application and/or Website that is claimed to be infringed 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Distinct's designated Copyright Agent for notice of claims of copyright infringement is: copyright@distinctdaily.com
10. INDEMNIFICATION

You hereby agree to indemnify and hold Distinct and any entity affiliated with Distinct, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "Distinct Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Application and/or Website, or (B) any alleged breach of this Terms of Use by you.

11. TERMINATION

Distinct may change, suspend or discontinue any aspect of the Application and/or Website at any time, including the availability of any Application and/or Website feature, database, or content. Distinct may also impose limits on certain features and services or restrict your access to parts or the entire Application and/or Website without notice or liability at any time in Distinct's exclusive discretion, without prejudice to any legal or equitable remedies available to Distinct, for any reason or purpose, including, but not limited to, conduct that Distinct believes violates these Terms of Use or other policies or guidelines posted on the Application and/or Website or conduct which Distinct believes is harmful to other customers, to Distinct's business, or to other information providers. In addition, this Terms of Use may be immediately terminated at any time by Distinct in its sole discretion. In addition and without prejudice to any other remedy available to Distinct, Distinct may immediately terminate this Terms of Use if you breach any term of this Terms of Use or other operating term set forth by Distinct.

12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES

This Terms of Use will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Montgomery County, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Distinct will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Terms of Use.

13. PRIVACY POLICY

The Application and/or Website is a United States web Application and/or Website and is subject to United States law. Distinct's use of data collected via the Application and/or Website is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any Distinct Application and/or Website. You acknowledge and agree that our Privacy Policy is incorporated into this Terms of Use.

14. MISCELLANEOUS

This Terms of Use constitutes the entire terms of Use between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Distinct in its sole discretion may amend this Terms of Use, and your use of the Application and/or Website after such amendment is posted on the Application and/or Website will constitute acceptance of it by you. If any term in this Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Terms of Use are for convenience only and must not be given any legal import.

The Application and/or Website may contain typographical errors or inaccuracies and may not be complete or current. On the Application and/or Website some products may appear larger or smaller than their actual size. Distinct therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

15. ACCEPTANCE OF TERMS OF USE

By using the Application and/or Website, you signify your agreement to the terms of this Terms of Use. If you do not agree to the terms in this Terms of Use, you must not use the Application and/or Website. Distinct may change the terms of this Terms of Use at any time, and your use of the Application and/or Website after such changes are posted will mean that you accept them.

LAST UPDATED: October 1, 2015