Terms of Use

WEBSITE TERMS OF USE AGREEMENT

1. WHO WE ARE

This website, www.interchangerecycling.com (this “Website”), is operated and maintained by the British Columbia Used Oil Management Association‎ (operating under the business name and trademark Interchange Recycling, “Interchange“‎), a society incorporated under the Societies Act (BC).‎ This Website contains information, materials and hypertext links to websites that are of interest to Interchange, its members and the general public (the “Content” or “Contents”). The Content is offered in good faith and for information purposes only. This Website is provided as a service and Interchange may, at any time and from time to time, delete, modify or supplement the Content without notice or liability to you.

2. OWNERSHIP AND USE OF THIS WEBSITE AND ITS CONTENT

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED ON THIS WEBPAGE (this “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ITS CONTENTS. BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND OUR PRIVACY POLICY. YOU AGREE THAT EACH USE BY YOU OF THIS WEBSITE SIGNIFIES YOUR CONTINUING AGREEMENT TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT TO INTERCHANGE THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER THIS AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF ANY PERSON THAT YOU REPRESENT.

Ownership

This Website and the Content are, and shall remain, the sole property of Interchange and its licensors. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights, including, but not limited to any intellectual property rights, in or to this Website or any Content. This Website and the Content is protected by all relevant Canadian and international copyrights in the design of this Website, including, but not limited to, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to, Interchange and are protected. No use of a trademark, trade name or design appearing on this Website may be made without the prior, written permission of Interchange or the owner thereof.

The “British Columbia Used Oil Management Association” name and logos, the “BC Used Oil” name and logos, the “Interchange Recycling” name and logos, the “Interchange 360” name and logos, the “Forward Through Balance” slogan and all related names, logos, product and service names, designs, images, and slogans are trademarks of Interchange or its licensors. You must not use such marks without the prior written permission of Interchange. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Limited License

Interchange grants to you a limited, revocable, non-transferable, non-exclusive license to display on your computer, print, download and use one copy of the Content, but only for non-commercial, personal or educational purposes, and provided always that you:

(a) do not amend, modify or change any such Content;

(b) include with and display on each copy of such Content the associated copyright notice (“© 2003 – 2023 British Columbia Used Oil Management Association. All rights reserved.”) and this limited license; and

(c) include all Interchange identification, marks, notices and disclaimers as may be required by Interchange from time to time.

No other use or copying of this Website or the Content is permitted. Without limiting the generality of the foregoing, you are expressly prohibited from:

(a) making any commercial use of any Content;

(b) including any Content in or with any product or service that you distribute or provide;

(d) storing any Content for reproduction, redistribution or publication to third parties.

Notwithstanding the foregoing, nothing contained in this Agreement shall be construed as conferring any intellectual property right or any other rights or interest in or to any intellectual property of Interchange, its licensors or any other person who owns intellectual property in the Content.

Linking – Permission Required

You are prohibited from making links of any kind to this Website without Interchange’s prior written permission. You may not sell, retransmit, repackage, disseminate or otherwise republish any of the Content in any form, including paper, nor may you include any Content with any product, document or information that you hold, create or distribute without the prior written consent of Interchange. Without limiting the generality of the foregoing, hypertext linking to this Website or “deep linking” to any webpage on this Website is strictly prohibited without the express written permission of Interchange.

Upon receiving permission from Interchange to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of Interchange’s logos or trademarks;

(b) you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that Interchange is endorsing any products or services;

(d) you do not misrepresent your relationship with Interchange nor present any other false information about Interchange;

(e) you do not link from a website that is not owned by you; and

(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Interchange expressly reserves the right to revoke the right to link to this Website for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Interchange for any loss or damage suffered by Interchange for breach of this Agreement.

Data Mining and other Prohibited Uses

Use of this Website through a Web browser that contains any frames displaying contents of other websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of this Website by any method is strictly prohibited. You agree to not employ or utilize any collaborative browsing or display technologies.

Visitor Material and Conduct

Any material you transmit or post to this Website will be considered non-confidential and non- proprietary. Interchange will have no obligations with respect to such material. Interchange and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licenses and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in Canada or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Web Privacy Statement

Your use of and access to this Website is subject to our Privacy Policy (as may be amended from time to time) and our Privacy Policy is incorporated into and forms a part of this Agreement. Your continued use of and access to this Website constitutes your acknowledgement that you have read and agreed to the terms and conditions of our Privacy Policy. In summary, Interchange does not sell, rent or barter any information to anyone.

Interchange or our service providers that help us maintain and operate the Website may automatically ‎collect the following information relating to your access to and use of the Website through cookies, ‎Google Analytics, Google Tag Manager: your Internet Protocol (IP) address, browser type, operating ‎system, domain name, access times and referring universal resource locator (URL) address. This ‎technical information may be collected by Interchange our service providers that help us maintain and ‎operate the Website as a result of your visit to this Website and may use such technical information for ‎purposes such as improving the operation of this Website, improving the Website content and for ‎compiling statistical information about the visitor, session and campaign date, and approximate location ‎data to track site use of and access to this Website for the Website’s analytics report. Cookies are ‎stored client-side and assign a randomly generated number to recognise unique visitors but do not ‎retain or transmit personal data. Cookies are set to live for 14 months but may be cleared or denied ‎through your browser settings. Interchange will not attempt to associate any anonymous technical ‎information collected with any personally identifiable information unless:‎

‎(a) we have your consent to do so (express or implied); ‎

‎(b) we have detected, or reasonably suspect, an attempt to damage or breach the security of this ‎Website; or ‎

‎(c) we are required to do so by law. ‎

For information on how Google uses information from sites or apps that uses its services please visit ‎www.google.com/policies/privacy/partners/.‎

3. ACCESS

Right to Suspend

Interchange, in its sole and absolute discretion, may change, suspend or discontinue any aspect of this Website at any time, including the availability of any feature, data base or other content. Interchange may also impose limits on certain features and services, or restrict your access to parts or all of this Website, without notice or liability to you.

Restricted Areas

Certain areas of this Website may be accessed only by use of a user identification and password. If you have access to any of these areas, you are responsible to ensure that your user identification and password are not disclosed to any other person. If you disclose your user identification and password to any other person or become aware of any unauthorized access, you are responsible to advise Interchange immediately. You are responsible for and hereby release Interchange from, and indemnify Interchange against, all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.

4. LINKS TO OTHER WEBSITES

Links to third-party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Interchange has not reviewed any of these third-party websites and does not control and is not responsible for these websites or their content. Interchange therefore does not endorse or make any representations or warranties about them, about any material found there, or about any results that may be obtained from using such third-party websites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Warranty Disclaimer

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERCHANGE DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF OR ACCESS TO THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INTERCHANGE DISCLAIMS MAKING ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER IN RESPECT OF THE CONTENT OR THIS WEBSITE IN GENERAL. INTERCHANGE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE ARISING BY LAW, UNDER STATUTE, IN TRADE, BY COURSE OF DEALING OR OTHERWISE. Without limiting the foregoing, Interchange does not represent or warrant that:

(a) access to this Website will be secure, timely, error- or virus-free, continuous or uninterrupted;

(b) communications to or from this Website will be secure or free from interception;

(d) errors, defects and inaccuracies in this Website or the Content will be corrected.

Liability Disclaimer

INTERCHANGE EXPRESSLY DISCLAIMS LIABILITY FOR ALL DAMAGES AND LOSSES (WHETHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR ACCESS TO THIS WEBSITE OR THE CONTENT (INCLUDING HYPERTEXT LINKS PROVIDED ON THIS WEBSITE), INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER, SOFTWARE APPLICATION OR DATA BY ANY VIRUS THAT MIGHT BE TRANSMITTED OR ACTIVATED VIA THIS WEBSITE OR BY ACCESS TO THIS WEBSITE, ANY BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND CONTRAVENTION OF ANY LOCAL, NATIONAL OR INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF INFORMATION, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTERCHANGE OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. It is solely your responsibility to take precautions to ensure that whatever you access or download from the World Wide Web is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Internet Disclaimer

You expressly acknowledge that websites that may be linked to this Website are owned and operated independently of Interchange and that Interchange has no responsibility or liability whatsoever for, or control over, any such third-party websites. You acknowledge that your use of third-party websites (and your dealings with the third parties who own such websites) shall be conducted solely at your risk. Interchange encourages you to exercise discretion when using the hypertext links on this Website. Any hypertext link may ultimately direct the user to websites containing content that some people may find offensive or inappropriate or that violates laws in force in your jurisdiction. The suitability of information accessed by hypertext links from this Website is the sole responsibility of the person(s) that maintain that information or third-party website. If you have questions about the content of a particular third-party website, or information related to it, contact the person or webmaster responsible for that website. Access to this Website for the purpose of browsing the Content via the World Wide Web is encouraged; ALL OTHER ATTEMPTS TO ACCESS OR USE THIS WEBSITE, THE RELATED COMPUTER SYSTEM OR ITS RESOURCES, ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.

No Endorsements

Interchange does not endorse any product or service available through any third-party website linked to this Website. Interchange makes no warranties or representations, express or implied, with respect to any products or services made available from third-party websites that are hypertext linked, directly or indirectly, to this Website.

6. GENERAL TERMS AND CONDITIONS

This Agreement, and your rights and obligations under this Agreement, may not be transferred or assigned by you without the prior written consent of Interchange, which consent may be arbitrarily withheld by Interchange in its sole and absolute discretion. Interchange may at any time assign this Agreement, including any of its rights and obligations hereunder, without your prior consent.

This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict of law rules. You covenant and agree with Interchange that any dispute must be resolved before the Supreme Court of British Columbia, in the Judicial Centre of Vancouver Westminster. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia.

Interchange may, in its sole and absolute discretion, amend this Agreement from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that Interchange will ensure that any such amendment will be made available to you on this Website. Your use of this Website after such amendments are posted by Interchange signifies your acceptance of those revised terms of this Agreement. You are responsible for periodically visiting this webpage to review the terms and conditions of this Agreement. You may not change, modify or amend this Agreement in any manner.

No consent of or waiver of the terms and conditions of this Agreement by Interchange will be effective unless in writing and signed by an authorized representative of Interchange.

If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from this Agreement and shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. All other provisions of this Agreement shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein.

The provisions herein contained constitute the entire agreement between you and Interchange, and supersede all previous communications, representations and agreements, whether oral, written or electronic, between you and Interchange, with respect to the subject matter hereof; there being no representation, warranties, terms, conditions, undertakings, or collateral agreements (express, implied, or statutory) between the parties other than as expressly set forth in this agreement; PROVIDED THAT in the event of any inconsistency between this Agreement and any agreement governing the provision by Interchange of any particular service to you, the latter shall prevail; PROVIDED THAT the absence from any other agreement of a term included in this Agreement shall not be deemed an inconsistency.

The terms and provisions of this Agreement enure to the benefit of, and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon Interchange and its successors and assigns. If you breach any provision of this Agreement, you may no longer use this Website or any Content. Interchange may, in its sole and absolute discretion for any reason, cancel or terminate your right to use this Website at any time without notice, whereupon you are no longer authorized to use this Website and the Content. In the event of any termination of this Agreement or your right to use this Website and the Content, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and the Content. All provisions of this Agreement, that by their nature are intended to continue after the termination of this Agreement, shall survive and continue after such termination.

Use of this Website is not authorized in any jurisdiction that does not give full effect to all of the terms and conditions of this Agreement.