Terms of Use

SOLID WASTE MANAGEMENT COORDINATING BOARD

The Solid Waste Management Coordinating Board (“SWMCB”, “we”, “us” or “our”) provides the website rethinkrecycling.com (the “Website”) to give you information about us and to provide you with information about and access to our products and services (the “Purpose”). As used herein, “you” means the person using the Website; if the user is not an individual, then “you” means the user’s company and its officers, directors, members, agents, successors and assigns.  “Services” means SWMCB’s products and services. 

YOUR USE OF THE WEBSITE IS SUBJECT TO THESE TERMS OF USE.  YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION, AND BY ALL APPLICABLE LAWS AND REGULATIONS, AS IF YOU HAD WRITTEN YOUR NAME ON A CONTRACT.  YOU ALSO UNDERSTAND THAT THESE TERMS OF USE MAY BE ALTERED, MODIFIED OR OTHERWISE AMENDED FROM TIME TO TIME BY SWMCB, WITH REVISED TERMS AND CONDITIONS POSTED ON THE WEBSITE.  YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS OF USE AND UNDERSTAND THAT YOU WILL BE LEGALLY BOUND BY THE AMENDED TERMS OF USE BY CONTINUING TO USE THE WEBSITE OR ANY SERVICES AFTER THE EFFECTIVE DATE OF THE AMENDMENT OF THESE TERMS OF USE. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, YOU AGREE NOT TO USE THE WEBSITE OR THE SERVICES.

INTELLECTUAL PROPERTY
All content included on the Website is the exclusive property of SWMCB or its licensors.  Said content includes, without limitation, text, graphics, designs, logos, icons, images, presentations, audio and video clips, data, instructions, photographs, typefaces, digital downloads, and software (the “Content”).  The Content is protected by United State and international copyright, trademark and other intellectual property laws, and we and our licensors reserve all rights contained therein. 

The RETHINK RECYCLING and Design mark (shown below), the RETHINK RECYCLINGTM mark and other trademarks, service marks and logos that we use are trademarks of SWMCB or its licensors.  Other marks, names and logos used on this Website are the property of their respective owners.  If you use the SignMaker tool on the Website to make any signs to promote recycling, the signs will include the RETHINK RECYCLING and Design mark.  No other trademark or logo may be affixed to, or used in connection with, the RETHINK RECYCLING and Design mark without our prior written consent.  You must reproduce and not remove the RETHINK RECYCLING and Design mark, and any other proprietary rights notices, when making copies of these signs.  You acknowledge exclusive ownership of the trademarks on the Website by us or our licensors, as applicable, agree not to take any action inconsistent with such ownership, and agree to cooperate, at our request and expense, in any action that we deem necessary or desirable to establish or preserve our exclusive rights in and to these trademarks.  We do not grant any license to use any of the trademarks found on the Website and your use of the trademarks other than as expressly provided herein is strictly prohibited.
Rethink Recycling Trademark image

LIMITED LICENSES
Except as provided elsewhere in these Terms of Use, SWMCB grants you a limited, nonexclusive, non-sublicensable, non-transferable, personal license, under SWMCB’s rights in the Content, to access, display and copy the Content for personal, non-commercial use only, subject to the restrictions on use listed below and the other terms and conditions of these Terms of Use.  You agree to retain all copyright, trademark and other proprietary notices contained on the Content.  This license is conditioned on your continued compliance with these Terms of Use.  Except as provided in this license or otherwise specifically permitted by us in writing, you may not access, copy, reproduce, distribute, perform, display, use or create derivative works of the Materials.  All rights not expressly granted herein are reserved.

The Services include access to predesigned signs, tool kits and other public resources for individual and business use.  The Services also include  the SignMaker tool in the Business Recycling Guide to make signs for the limited purpose of promoting recycling.  You may access the SignMaker tool and make signs for the promotion of recycling,  subject to the restrictions on use listed below and the other terms and conditions of these Terms of Use.  Making signs to be used for profit is strictly prohibited.

RESTRICTIONS ON USE
You agree not to do any of the following:

  • Modify, remove, delete, augment, add to, publish, distribute, participate in the transfer, rental, license or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in the Limited License section above;
  • Manipulate, alter or affect or attempt to manipulate, alter or affect the Website, the Content, any feature or program of the Website or the Content, including searches, results, placements, advertisements, tags, products, expressions or programs;
  • Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any Service provided on or through the Website;
  • Mirror any Content contained on this Website or any SWMCB server; 
  • Use framing techniques to enclose the Website or any part thereof;
  • Use any metatags, keywords or any other hidden text incorporating SWMCB’s name or trademarks; 
  • Access or attempt to access the Website or to collect or index information provided to or on the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting bots, or similar means or equivalent manual processes; 
  • Provide false or misleading information to SWMCB;
  • Impose an unreasonable or disproportionately large load on the infrastructure of the Website or SWMCB’s systems or networks, or any systems or networks connected to the Website or SWMCB;
  • Restrict or inhibit any other person from using the Website or Services (including without limitation by hacking or defacing any portion of the Website);
  • Solicit, trace or otherwise collect any information from users or visitors of the Website;
  • Reverse engineer, decompile or otherwise extract source code provided on or through the Website or Services;
  • Use the Website for commercial activities such as contests or advertising;
  • Create a database by downloading and storing the Content or any part thereof;
  • Upload or transmit viruses, worms or other malicious code to the Website; or
  • Violate any law in connection with your use of the Website, including export laws and privacy laws.

SOCIAL MEDIA
All use of social networking sites must be consistent with applicable state, federal, and local laws, regulations, and policies. SWMCB does not warrant the completeness, accuracy, or timeliness of material on Rethink Recycling sponsored social media sites.  The information in Rethink Recycling social media sites is not intended to serve as legal or financial advice. SWMCB disclaims all warranties, expressed implied, for any of the materials provided on SWMCB sponsored social media sites, including but not limited to links to third parties, or any improper or incorrect use of them.

Opinions and comments expressed on social media sites do not necessarily reflect the opinions and position of SWMCB, its county members or staff.

CONTENT SUBMITTED BY THE WEBSITES’ USERS
If you post content to the Website or otherwise submit material to SWMCB or through the Website (including, but not limited to ideas, suggestions, information, designs, images, advertisements, data, proposals, blog comments, contact information, Community Power Grant applications, reports, project profiles, Take the Pledge, Signmaker feedback, media inquiries, photographs or testimonials), you agree that such submissions will be treated as non-confidential and non-proprietary and hereby grant SWMCB, its member counties and staff  a nonexclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license to use, reproduce, modify, adapt, perform, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SWMCB for all claims resulting from content you supply.

SWMCB’S RIGHTS

SWMCB reserves the following rights: 

  1. To terminate the access to or use of the Website or the Services by anyone who violates these Terms of Use;
  1. To change the Website, the Content, the Services, and the form and nature of the Website and any Services, at any time without notice;
  1. To refuse to provide any user or customer with any Service;
  1. To review, modify, filter, delete and remove any and all content, orders and information from the Website;
  1. To update and download any software provided on or through the Website;
  1. To communicate with you regarding the Services and to provide you with notices, including those regarding these Terms of Use, by email, telephone, mobile device or by any other means.

You agree that the foregoing are SWMCB’s rights, but not its obligations.

REPRESENTATIONS AND WARRANTIES

By using the Website, you represent and warrant that:

  1. You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor whom you are authorizing to use the Website and the Services;
  1. Are authorized to sign for and bind the person or entity using the Website or the Services;
  1. You will provide only true, accurate, complete and current information to the Website and to SWMCB; and
  1. You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from SWMCB or in any information that you provide to SWMCB.

DISCLAIMER OF WARRANTIES

(1) THE WEBSITE, THE CONTENT AND THE SERVICES ON OR OFFERED TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS; (2) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SWMCB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE, OR AS TO THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE; AND (3) YOUR USE THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF SWMCB, SWMCB HEREBY DISCLAIMS ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY OF THE CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF SWMCB, (1) NEITHER SWMCB, NOR ITS MEMBER COUNTRIES, NOR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS OR THE LIKE (COLLECTIVELY “PROVIDERS”) WARRANT THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE CONTENT OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR CURRENCY OF THE WEBSITE, THE CONTENT, OR THE SERVICES; (2) SWMCB DOES NOT WARRANT THE RELIABILITY OF, OR GUARANTEE OR ENDORSE ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE, THE CONTENT OR THE SERVICES; (3) SWMCB IS NOT RESPONSIBLE IN ANY WAY FOR ANY TRANSACTION BETWEEN YOU AND ANOTHER USER OF THE WEBSITE, THE CONTENT OR THE SERVICES; AND (4) SWMCB HAS NO OBLIGATION TO MAKE ANY CORRECTIONS TO THE WEBSITE, THE CONTENT OR THE SERVICES.

LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY AGREED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND SWMCB OR ITS PROVIDERS, AS APPLICABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SWMCB AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE WHATSOEVER, BASED IN TORT, CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO  DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO (1) THESE TERMS OF USE, (2) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE, (3) ANY CONTENT OR SERVICES OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (4) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RELATING TO THESE TERMS OF USE, THE WEBSITE, THE CONTENT OR THE SERVICES, (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (6) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (7) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.  THESE LIMITATIONS APPLY REGARDLESS OF WHETHER SWMCB OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless SWMCB and Providers from and against any and all claims, expenses, liabilities, costs and damages (including attorneys’ fees), arising out of or related to any act or omission of you or your employees, agents, end users or subcontractors, including but not limited to use of the Website, the Content or the Services, violation by you of these Terms of Use, violation of any law or regulation or violation of any proprietary or privacy right.

TERMINATION
Without limiting its other remedies, at law, equity or otherwise, SWMCB may suspend or terminate these Terms of Use, your access to the Website, the Content and the Services if you fail to comply with these Terms of Use.  SWMCB may take such actions at its sole discretion, without prior notice to you.  Upon such violation, you agree to terminate access to the Website, the Content and the Services.  Upon termination, those provisions of these Terms of Use that expressly or by their nature survive will continue in full force and effect.

LINKED SITES
As a convenience to you, the Website or Services may provide links to websites operated by other entities (collectively “Linked Sites”).  If you use any Linked Sites, you will leave the Website.  Your use of any Linked Site is at your own risk.  Linked Sites are not necessarily maintained, controlled, governed or sponsored by SWMCB, or affiliated or associated with SWMCB.  SWMCB does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.

LINKS TO THE WEBSITE
SWMCB reserves the right in its sole discretion to terminate a link with any website that it deems inappropriate or inconsistent with the Website, Services and/or these Terms of Use.

APPLICABLE LAW
By visiting www.rethinkrecycling.com, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SWMCB or its Providers.

CONTACT
If you have any questions or concerns about these Terms of Use, or about the website in general, you may contact the Rethink Recycling Webmaster at info@RethinkRecycling.com.

Solid Waste Management Coordinating Board
477 Selby Avenue
St. Paul, MN 55102-1726
Phone: 651-222-7227
Fax: 651-223-5229

If you have a technical problem please contact the Rethink Recycling Webmaster at info@RethinkRecycling.com.

ENTIRE AGREEMENT
SWMCB has a Privacy Policy in place which states SWMCB’S policy for collecting and handling personal information and is subject to the terms of these Terms of Use.  These Terms of Use, together with the Privacy Policy (including any amendments thereof or addendums thereto), and all policies and agreements references herein and therein, and any additional SWMCB terms and conditions, is the entire agreement between SWMCB and you, and supersedes all prior or contemporaneous communications and proposals in any medium between you and SWMCB, unless such agreement expressly provides that it shall not be superseded by the terms of these Terms of Use.

These Terms of Use may change between your visits to the Website or use of the Services.  SWMCB reserves the right, but has no obligation, to make changes to the Website, the Content, the Services and to these Terms of Use at any time.  Any such modifications will become effective upon the date they are first posted to the Website.  You agree to any amended terms by continuing to use the Website or the Services following the effective date of any such amendment.  It is your responsibility to return to these Terms of Use from time to time to review the most current terms and conditions.  SWMCB does not and will not assume any obligation to notify you of changes to these Terms of Use.

Last updated on 03/25/2015.