This subscription service, a joint venture between Diversion Strategies LLC, Katagraphics, and Waste Alternatives (“Serivce”) is providing research services in the form of a list of recycling, solid waste and other related grants and financial incentives in the United States, accessed through a database platform (“Platform”). The database is updated on a monthly basis.
User will pay a one-year subscription fee for access to the platform. The subscription term is one year.
Use of the Platform. User agrees to (a) use the Platform and Content for informational purposes; (b) be responsible for the Users’ compliance with this Agreement, including not allowing other persons to utilize a Named User’s Platform or subscription, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Platform, and Content, and notify the Service promptly of any such unauthorized access or use, (e) do not allow persons who are not named users utilize the Platform, even if such persons are your employees, consultants or affiliates, (f) not resell or distribute the Platform and Content to third parties, including your customers and clients, without prior written consent from the Service and Your entering into a third party use agreement; (g) use the Platform, and Content only in accordance with this Agreement, and applicable laws and government regulations, and (h) comply with terms of service of any Non-Company Applications with which Customer uses the Platform or Content.
Service may limit, suspend or terminate the Platform in its discretion if You breach any of the above requirements, provided that to the extent possible, service will use commercially reasonable efforts to provide You with notice and an opportunity to cure such violation or threat prior to any such limitation, suspension or termination. You agree to promptly comply with any notice from service to remove, modify or disable Content or a Non- COMPAnY Application to avoid violating applicable law, third-party rights, or the Acceptable Use Policy. service may disable the applicable Content, Platform, App and/or non- COMPAnY Application, if You do not take required action in accordance with the above, or if in service’s judgment continued violation is likely to reoccur.
You shall confirm such deletion and discontinuance of use in writing, if requested by Service, and Service may provide a copy of such confirmation to any such third-party claimant or governmental authority, as applicable. In addition, if Serivce is required by any third-party rights holder to remove Content, or receives information that Content provided to You may violate applicable law or third-party rights, Company may discontinue Your access to Content through the Platform.
Restrictions. You may not personally, or allow a third party to (a) modify, distribute, prepare derivative works of, reverse engineer, or decompile the Platform, any object code generated by the Platform or any part thereof, or otherwise attempt to discover any source code, or use unauthorized or modified versions of the Platform for any purpose; (b) access the Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (c) make the Platform available to anyone other than You or Your Named Users, or use any Platform for the benefit of anyone other than You, unless expressly stated in writing from Service; (d) use a Platform or Non-Company Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Platform or third-party data contained therein, (f) attempt to gain unauthorized access to any Platform or Content or its related systems or networks, (g) permit direct or indirect access to or use of any Platform or Content in a way that circumvents a contractual usage limit, or use any Platform to access or use any of intellectual property except as permitted under this Agreement, (h) resell or distribute the Platform to any third party, including your customers, without Service’s prior written consent and Your entering into a third party use agreement, (i) copy Content except as permitted herein, (j) frame or mirror any part of any Platform or Content, other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation. You are being granted no rights in the Platform and except as specifically provided in this Agreement, and any rights not expressly granted in this Agreement are expressly reserved by Service and its licensors. Service reserves the right to review use of the Platform to determine compliance with this Section.