In exchange for access to and the right to use the Gemini Recycling Website and any information contained therein, User agrees to be bound by the terms of access and use set forth below.

SCOPE OF USE

Use Constitutes Acceptance of Terms User accepts the terms in this Agreement (the "Terms") for accessing or using the Gemini Recycling Website or its contents, effective as of the date on which User accepts this User Agreement by electronically checking the appropriate box at the end of this Agreement. DJJ reserves the right in its sole discretion to modify, alter or update the Terms at any time by written notice or by updating a posting of these Terms in the Gemini Recycling Website. If and when Terms are posted, User shall regularly review the Terms to obtain timely notice of such changes. Use of the Gemini Recycling Website constitutes acceptance of, and agreement to be bound by, the Terms and any modifications, alterations or updates thereto.

Term

DJJ may terminate, restrict or interrupt use of the Gemini Recycling Website without notice to User if, in DJJ's sole discretion, DJJ determines that User fails to comply with the Terms or for any other reason whatsoever.

Upon termination of access by DJJ, User is no longer authorized to use the Gemini Recycling Website; provided, however, that the restrictions imposed upon User's use of content, disclaimers, limitations of liabilities and legal procedures shall survive the termination.

Restrictions and Non-Assignability

Use of the Gemini Recycling Website, and/or the Password, is limited to User. User's right to use the Gemini Recycling Website cannot be assigned or transferred to another party without prior written consent of DJJ.

Legitimate Use

Use is limited to viewing and using the Gemini Recycling Website's content and data solely for legitimate business purposes.

Indemnification

User shall indemnify, defend and hold harmless DJJ, its officers, directors, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to the use of the Gemini Recycling Website or its contents (including negligent or wrongful conduct) by User or any third party using the Gemini Recycling Website or its contents through User's access rights.

DISCLAIMER AND LIMITATIONS ON LIABILITY

Information and Operation

While effort has been made to make the Gemini Recycling Website and its content helpful, accurate, complete and current, DJJ does not warrant the content of the Gemini Recycling Website due to factors including but not limited to the accessibility of the Gemini Recycling Website, the potential for errors in the storage and transmission of digital information and the inclusion of information obtained from independent parties.

DJJ DOES NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, TIMELY, FREE OF ERRORS, THAT DEFECTS IN THE CONTENT OF the Gemini Recycling Website WILL BE CORRECTED, OR THAT USE OF the Gemini Recycling Website WILL BE UNINTERRUPTED OR WITHOUT DELAYS.

"As Is" and "As is Available"

Use of the Gemini Recycling Website is at User's own risk. The content may include technical or operational inaccuracies or clerical errors. It is User's responsibility to independently verify any content before relying thereon.

THE CONTENT OF THIS SITE AND IN ANY LINKS ARE PROVIDED "AS IS" AND ON AN "AS IS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DJJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, FREEDOM FROM ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR ANY OTHER ALLEGED PROBLEMS WITH THE CONTENT OR OPERATION OF the Gemini Recycling Website.

Links to Other Sites

For the convenience of User, the Gemini Recycling Website may include computer links or hypertext providing access to other third party internet sites ("Links").

DJJ IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF THIRD PARTY SITES OR ANY LINKS. DJJ IS NOT LIABLE FOR ANY INJURY OR DAMAGE RESULTING FROM User's USE OF ANY LINKS.

Limitations on Liability

Neither DJJ nor any other party involved in creating, delivering, or producing the Gemini Recycling Website or its content is liable for any direct, indirect, incidental, consequential or punitive damages arising out of User's use or inability to use the Gemini Recycling Website or its content. DJJ also assumes no responsibility, and shall not be liable, for any damage to User's computer hardware or software, data loss or corruption of other assets resulting from or relating to User's use of the Gemini Recycling Website, regardless of whether such liability is based in tort, contract or otherwise. DJJ shall not be liable for any interruption or delay experienced in obtaining access to the Gemini Recycling Website or its contents, whatever the cause.

IF User IS DISSATISFIED WITH, OR IS INJURED OR DAMAGED BY, the Gemini Recycling Website CONTENT, OR ANY TERMS OF USE, User's SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE USE OF the Gemini Recycling Website.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

Site and Content

User shall assume that the text, graphics and other content of the Gemini Recycling Website that is provided by DJJ ("DJJ Content") is proprietary, copyrighted or subject to trademark, service mark, or other intellectual property or other protections, unless otherwise noted, and may not be used except as provided in these Terms or in the text of the Gemini Recycling Website. DJJ authorizes User to make copies of the DJJ Content only as necessary for User's own internal business purposes as contemplated herein. Any copy made of any DJJ Content must retain intact any copyright notices or other references to DJJ.

LEGAL PROCEDURES

Choice of Law and Forum; Limitations on Actions

This Agreement is governed by the laws of the State of Ohio applicable to agreements made and to be performed in the State of Ohio, excluding any conflict or choice of law rules or principles. User may bring legal action against DJJ in the state or federal courts sitting in Hamilton County, Ohio having subject matter jurisdiction, and in no other courts. User submits, and waives objection to, the personal jurisdiction of said courts. Any cause or action User may have against DJJ must be commenced within one (1) year after the cause of action arises or the cause of action is barred. DJJ's failure to enforce strict performance of any Terms shall not be construed as a waiver of any rights hereunder. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

 

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