Terms of Use

Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

Use of Information and Services

Topsoils Inc. DBA United Recycling and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other content on this site. While United Recycling strives to keep the content on this site accurate, complete, and up-to-date, United Recycling and its affiliates cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the content. United Recycling does not sell products for purchase by children. If you are under 18, you may use this site only with the involvement of a parent or guardian.

Proprietary Rights

All materials on this site (as well as the organization and layout of the site) are protected by U.S. and international copyright laws and owned by United Recycling or its content providers. United Recycling and other United Recycling graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of United Recycling, or its affiliates. United Recycling and its affiliates’ trademarks and trade dress may not be used in connection with any product or service that is not United Recycling, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits United Recycling. All other trademarks not owned by United Recycling or its affiliates that may appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to United Recycling or its affiliates. This site and all materials on this site are made available for personal and commercial use. Without the prior written permission of United Recycling, you may not copy, modify, distribute, transfer or download (other than page caching) this site or any material on this site, in whole or in part.

Disclaimer of Warranties and Limitation of Liability

THIS SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNITED RECYCLING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNITED RECYCLING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNITED RECYCLING AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, OR EMAIL FROM UNITED RECYCLING OR ITS AFFILIATES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL UNITED RECYCLING OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, UNITED RECYCLING’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT UNITED RECYCLING’S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Links to Other Web Sites

This site may include links to other Internet sites solely as a convenience to users. United Recycling does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Modifications

United Recycling may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site or any aspect or feature of this site, at any time without notice or liability. United Recycling may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Your continued access or use of this site shall be deemed to be your acceptance of the modified agreement.

Indemnification

You agree to indemnify, defend and hold harmless United Recycling and all its officers, directors, owners, agents, employees, information providers, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The appropriate Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter subject to your duty to defend and you shall not in any event settle any matter without the written consent of the appropriate Indemnified Party.

Applicable Law

This agreement and the resolution of any dispute related to this agreement or the site shall be governed by and construed in accordance with the laws of the state of Washington, without giving effect to any principles of conflicts of law.

Disputes

Any controversy or claim arising out of or relating to this agreement, the breach thereof, your use of this site, or any products you purchase through this site shall be settled by arbitration in Seattle, Washington administered by the American Arbitration Association in accordance with its rules then in effect, except that, to the extent you have in any manner violated or threatened to violate United Recycling’s or its affiliates’ intellectual property rights, United Recycling or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. The award of the arbitrator(s) shall be binding and may be entered in any court having jurisdiction thereof.

Waivers; Severability

United Recycling’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any term of provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

Contact

Please contact Bruce Clark with any questions:

Phone: 360-668-4300

Email: bruce@unitedrecyclingco.com