Effective: April 14, 2018
The website (including all pages of the website) located at Plastitrail.com is owned and operated by or on behalf of Mathelin Bay Associates LLC dba Plastitrail.com, and its subsidiaries and affiliates (collectively referred to as “Plastitrail”, “us”, “our”, or “we”).
These Terms of Service (“Terms of Service”) are very important and govern your (sometimes referred to as “you” or “your”) use of the Plastitrail.com website and your purchase of products or services offered to you by us (collectively, the “Site”), and these Terms of Service are a legally binding contract between you and us.
Please note that we have the right to change, modify, add, or remove portions of these Terms of Service at any time.
BY USING OR ACCESSING THE SITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, YOU MAY NOT USE OR ACCESS THE SITE, OR MAKE ANY PURCHASE THROUGH THE SITE.
1. Your Use of the Site, Including Restrictions on Your Use.
In order for you to use our Site for your own, personal purposes (and not for you to sell or commercialize our content), we give you a limited,
When using the Site, you agree not to do any of the following actions:
• You agree not to copy, distribute, transmit, sell, or exploit any portion of the Site, including any Content (which is defined below) or other information contained on the Site.
• You agree not to cover up, obscure, or remove any proprietary rights notices, like copyright and trademark notices, that are displayed on the Site.
• You agree not to use the Site to attempt to “hack” or gain unauthorized access to other accounts on the Site or any part of the network and computer systems used to provide the Site.
• You agree not to post or upload malware, viruses, trojan horses or any other harmful code or programs designed to interrupt, destroy, or limit the Site or any part of the network and computer systems used to provide the Site.
• You agree not to post any material or information that is, or to a reasonable person may be, illegal, harmful, abusive, obscene, pornographic, offensive, harassing, vulgar, threatening, hateful, or racially or ethnically objectionable.
• You agree that you will not intentionally provide false information when accessing or using Site. You also agree that you will not falsify, forge, or otherwise tamper with any information you receive as part of the Plastitrail service.
• You agree not to post any material or information that is owned by someone else, like someone else’s copyright, trademark, patent, trade secret, or other intellectual property
• You agree not to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• You agree not to do anything that actually or could violate these Terms of Service or any laws or regulations.
Please note that we may decide to discontinue or change any aspect of the Site, including by removing products or other Content from our Site. We may also decide to limit the time the Site is available or limit the amount of use of our Site. Under certain circumstances or for any reason, we may decide to immediately limit, suspend, or terminate your access to the Site. You agree that we may decide to take any of these actions without prior notice to you and without incurring any liability to you or any third party.
2. Description of Services / User Accounts
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion,
Credit card charges will be in U.S. dollars billed at the end of the trial period (trial periods will vary based on promotions). All paid subscriptions are annual, defined as twelve months billed in advance. Annual subscription charges will not be refunded in whole or in part except for sellers removed for misrepresentations as noted above. Paid subscribers will have the opportunity to sell up to a certain amount of product per subscription year as defined by Plastitrail at then-determined amounts or rates. Annual subscriptions will automatically renew each year unless
3. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
All subscriptions must be approved by Plastitrail before access is allowed to the marketplace. Plastitrail.com is intended for use by businesses buying or selling plastics not individuals, though individuals in the business of buying or selling plastics may be approved on a case by case basis. Subscribers will not subscribe if Plastitrail.com is not legally permitted in their jurisdiction. Potential subscribers and users are wholly responsible for determining the suitability and legality of Plastitrail.com in their jurisdiction.
Generally, the Site will contain and give you access to 2 types of content: (1) “Our Content”, which means any information, software, photos (including product photos), video, text (including product descriptions and specifications), graphics, music, sounds, trademarks, service marks, logos and icons, or other materials or intellectual property that we provide or that third parties may provide on our behalf; and (2) “User Content”, which means any information, photos, video, text, graphics, music, sounds or other materials posted by on the Site by either you or other users of the Site. In these Terms of Service, we sometimes refer to Our Content and User Content together as, collectively, “Content”.
Our Content and the Site, including any intellectual property rights in Our Content and the Site, are owned solely by us and our third party licensors and service providers. Except as part of the license granted to you in Section 1, you cannot and may not use any of Our Content (or any of our other intellectual property on our Site) for any reason, unless we give you prior, written permission. Specifically, you agree not to copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, disseminate, distribute, redistribute, or allow unauthorized access to the intellectual property found on the Site or in any of Our Content. You acknowledge that any unauthorized use of the Site or any of Our Content may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
User Content is the intellectual property of the specific users who post that User Content to the Site. When you post, upload, or submit any User Content to us or to the Site, you are granting us with a
We do not monitor or remove User Content after it is posted on the Site, but we maintain the right to remove any User Content that we feel is actually or potentially inappropriate, offensive, illegal, or harmful in any respect or which may violate these Terms of Service or if we feel the User Content is no longer needed. Since this User Content is posted by users of the Site, we do not necessarily approve, endorse, verify, or agree with any message posted by our users; and we do not make any warranties or representations regarding any of the User Content. In addition, we are not liable for any Content or User Content that you may find to be offensive, indecent, vulgar, defamatory, or otherwise objectionable.
As a service to you and our other users, we may provide information about other resources that may be of interest. Our presentation of any third party links or content, however, is not intended to be an endorsement, sponsorship, or recommendation by us. Please be aware that when you exit our Site, you are subject to the terms and policies of the new Site that you are visiting. Since these sites and resources are provided by third parties, we are not responsible or liable for any content, advertising, products, or other materials on these third party sites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of or reliance on these third party’s presentations, content, goods, or services that are made available through the third party Site or resource.
These Terms of Service are of general application and may be supplemented by other policies, disclaimers, guidelines, and terms or conditions of specific application that are disclosed by us, including through a registration process, a purchase, or in other instances. In the event of a conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of
7. User Representations
By using our Site and making a purchase on the Site, you make certain representations and warranties to us. Specifically, you represent and warrant to us that:
• You are at least 18 years old.
• You are able to agree to these Terms of Service and you can perform your obligations in these Terms of Service.
• All information that you provide to us is truthful, accurate, and complete
• You will comply with the terms and conditions of these Terms of Service and any other agreement that is related to your use of the Site.
• You are
• Any User Content that you post via the Site does not violate the rights of any third party, such as the intellectual property rights or privacy or publicity rights of a third party.
• Any User Content that you post via the Site does not contain any personally identifiable information about a third party in violation of that third party’s rights.
• Any User Content you post is truthful, accurate, not false or misleading in any material respect, and is in compliance with the applicable laws, rules, and regulations of the country of origin and the geographic origin/location of the content or materials offered.
• You will comply with all Plastitrail requirements regarding product advertisement and placement, including providing accurate representations of products and markings, product certifications, data sheets, photographs, etc.
• Any use of the User Content that you post via the Site, either by us or by third parties, will not result in harm or personal injury to any third party.
• You will comply with any request for additional information on a for sale listing, such as a bill of lading before approving a listing or in order to keep a listing active on the marketplace.
• If you are using the Site as an agent of, representative, or otherwise on behalf of an entity or any other person, you represent and warrant that you are in fact an authorized representative of such entity or other person and that you have the authority to bind such entity or
8. WARRANTIES / DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN,
Limitations of Liability for Orders
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY:
NEITHER WE NOR OUR AUTHORIZED DEALERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ORDERS OR THE PRODUCTS AND SERVICES WE OR OUR AUTHORIZED DEALERS PROVIDE TO YOU. IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL WE OR OUR AUTHORIZED DEALERS BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY ORDER FOR DAMAGES, OF ANY KIND, IN AMOUNTS THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES GIVING RISE TO SUCH LIABILITY.
If there is a delay or failure in our performance, or if our performance is made impractical or commercially unreasonable, due to causes beyond the reasonable control of us, our Authorized Dealers, or our affiliates, whatever delivery or other obligation that is affected will be extended for a period equal to the time lost by reason of such cause. As examples, causes beyond our reasonable control include fire, hurricane, flood or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, inability to obtain the necessary labor, materials or equipment required to manufacture the goods and products, or any other cause beyond our reasonable control. In the event of the occurrence of any contingency described in this section, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE CONTENT OR THE SITE IS AT YOUR SOLE RISK. WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE. FURTHER, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS.
9. LIMITATION OF LIABILITY
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOST PROFITS, OR OTHER DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATING IN ANY WAY TO YOUR USE OR THE INABILITY TO USE THE SITE AND ANY CONTENT OR ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Release and Indemnification
You agree to release us and our members, managers, officers, employees
You agree to defend, indemnify and hold harmless us and our affiliates, officers, members, directors, employees and agents, and Authorized Dealers from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (i) your access to or use of the Site or any part thereof; (ii) any User Content you post via the Site; (iii) any purchase or sale of products (or offers to purchase or sell) made via the Site; (iv) a breach or alleged breach by you of any of these Terms of Service; (v) a breach of applicable law related to your use of the Site or the purchase or sale (or offer to purchase or sell) any products via the Site; (vi) the infringement or misappropriation of any intellectual property or other rights by you of ours or any third party; or (vii) any negligence or willful misconduct by you.
11. Governing Law, Injunctive Relief, and Venue
These Terms of Service are governed by and enforced under the laws of the State of Missouri, without regard to its conflicts or choice of laws principles.
You agree that a breach of the terms of these Terms of Service would cause irreparable harm and significant injury to us, which would be, both, difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions or terms of these Terms of Service by injunction (without
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF SERVICE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF OURS, MUST BE BROUGHT IN FEDERAL OR STATE COURT LOCATED IN OR SERVING THE COUNTY OF ST. LOUIS, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
12. Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Site or any other website under our reasonable control in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material:
• your name and contact information (including address, telephone number
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact our Copyright Agent for Notice of Claims of copyright infringement at:
c/o Mathelin Bay Associates LLC
11939 Manchester Rd # 148
St. Louis, MO 63131
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
If you believe that the content that 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 pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number
If a counter-notice is received by the Copyright Agent, Plastitrail may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Plastitrail’s sole discretion.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3) for more information.
13. Changes to Terms of Service
We have the right to, in our sole discretion, change, modify, add, or remove portions of these Terms of Service at any time without prior notice. Changes in these Terms of Service will be effective when notice of such change(s) is posted. Your continued use of the Site after any changes to these Terms of Service are posted will be considered your acceptance of those changes.
14. General Terms and Conditions
c/o Mathelin Bay Associates LLC
11939 Manchester Rd # 148
St. Louis, MO 63131