- Description of the Platform: The Platform connects persons who generate soil with persons who wish to receive and process soil (each a “User”). Please note that the Platform is merely a network intended to connect Users for the purpose of negotiating a contract for the sale, purchase or transfer of soil (a “Transaction”). The Platform does not: (i) allow Users to enter into a contract for a Transaction through the Platform; or (ii) facilitate, or otherwise process, payment in connection with a Transaction. Any Transaction is solely between the applicable Users. Except to the extent we are party to the Transaction, we have no reasonability for, or liability in connection with, any Transaction.
- Registration: To register for the Platform you must create an account with a unique email and password. Once your account has been approved by GFL (such approval to be granted in GFL’s sole discretion) and you have paid any applicable subscription fees you will be permitted to access and use the Platform. To the extent you paid any subscription fees to register for the Platform, such fees are non-refundable. You agree that we may deny access, use and/or registration privileges to any User in our sole discretion if we believe that such use or access of the Platform is improper, unlawful, disrupts, or adversely affects or interferes with the Platform.
You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password unless any such activities are caused by us. You agree to: (a) not share or expose your username or password to other, (b) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (c) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.
- Information: When registering for and using the Platform you will be required to provide us certain information such as your (or your business’) name and location and certain information with respect to the soil you are looking to receive or transfer (such as quality, quantity, location, etc.). Any information you provide to us when registering for or using the Platform must be correct, current, accurate and complete. If you provide any misleading or false information to us, we reserve the right to suspend or delete your account. You are responsible for updating your information to ensure it remains correct, current, accurate and complete.
To the extent you provide us any commercially sensitive information in connection with your access to, or use of, the Platform, we agree that we will only use such information for the purpose of facilitating your use of the Platform.
- Disclaimer: THE PLATFORM AND ALL CONTENT AND FUNCTIONALITY THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONTENT IS THE RESPONSIBILITY OF THE PERSON THAT ORIGINATED SUCH CONTENT. NEITHER WE, NOR OUR AFFILIATES GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE CONTENT AND FUNCTIONALITY THEREON) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OUR USERS. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER OR NOT YOU WANT TO TRANSACT WITH A USER YOU HAVE CONNECTED WITH THROUGH THE PLATFORM.
- Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT NONE OF US, OUR AFFILIATES AND/OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH (A) YOUR ACCESS TO OR USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE CONTENT OR FUNCTIONALITY THEREON) AND/OR (B) ANY TRANSACTIONS TO WHICH WE ARE NOT A PARTY.
(a)Feedback. We appreciate your feedback and other suggestions about our Platform. However, by providing any such feedback or other suggestions you acknowledge and agree that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
(f)Assignment: You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.