Terms and Conditions
TERMS OF USE
IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE WRAP SITES AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.
These Terms of Use (“Terms”) govern access to and use of the WRAP Americas Inc. (“WRAP,” “we” or “us”) website located at www.campwastenot.com (the “Site”), and various WRAP services (the “Services”) by Site visitors (“Site Visitors”). By using the Site or any the Services, you as a Site Visitor accept these Terms (whether on behalf of yourself, or a legal entity you represent). Site Visitors may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any WRAP services offered through the Site.
BY ACCESSING, USING, DOWNLOADING, OR UPLOADING ANY INFORMATION FROM OR TO THE SITE, OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE AND SERVICES IMMEDIATELY.
1. Acceptance of Terms.
Please check these Terms periodically for changes. If you do not agree to the Terms, please do not use the Site. By using the Site, you acknowledge that you have read, understood and agree to these Terms. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes.
2. Privacy Policy.
Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found at https://www.campwastenot.com/privacy.
3. Eligibility; Use of the Site.
3.1. Eligibility to Use the Site. By using the Site, you represent and warrant that you are 13 years of age or older and competent to agree to these Terms, or you are a WRAP partner authorized to provide access to the Site to your students under the age of 13.
3.2. Using the Site on Behalf of an Organization or Entity. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are competent and authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
3.3. Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your non-commercial personal use, or your internal business purposes (where applicable) and only as expressly permitted in these Terms and any other applicable agreement between you and WRAP. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms or any other applicable agreement between you and WRAP. If you are or become a direct competitor of WRAP or any of its affiliates, parent, or subsidiaries including but not limited to The Waste and Resources Action Programme, a UK registered charity and a private company limited by guarantee registered in England (the “WRAP UK”), you may not access or use the Services without WRAP’s explicit, advance, written consent, and then only for the purposes authorized in writing. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with WRAP’s, WRAP UK’s or any of their affiliates, parent or subsidiaries’ exercise of their intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
4. WRAP Content.
You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “WRAP Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and WRAP, WRAP is the owner of WRAP Content. You may not reproduce, distribute, republish or retransmit any WRAP Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by WRAP herein or under any applicable agreement between you and WRAP, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or WRAP Content. Systematic retrieval of data or other WRAP Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from WRAP is prohibited.
5. Third Party Sites/Information.
The Site may provide links to, or information gathered from, other sites on the Internet. WRAP makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply WRAP’s endorsement of any such sites or any association between WRAP and these other sites’ operators. These sites are not under the control of WRAP, and you acknowledge that WRAP, its affiliates, its parent, its subsidiaries, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that WRAP, its affiliates, its parent, its subsidiaries, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.
6. Posting Guidelines.
WRAP may host message boards, chats, and other public forums on the Site or WRAP’s social media accounts. You agree not to post any (a) defamatory, abusive, profane, threatening, offensive, or illegal materials or information; (b) statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning; or (c) any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. When you post such content or provide information to WRAP, such as reviews or survey feedback, it belongs to you; however, you grant permission to WRAP to use that content in connection with our Site. Accordingly, you grant WRAP a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant WRAP the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty. For the sake of clarity, the foregoing paragraph does not apply to “End-User Data” (defined below), which is provided by Site Visitors in connection with the Services.
7. Warranties.
You hereby represent and warrant to WRAP that: (a) you have all requisite rights and authority to use the Site and the Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Site and the Services; (c) you will use the Services for lawful purposes only and subject to these Terms and any applicable agreement between you and WRAP; (g) any information, including documents, that you send to WRAP is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the Site or the Services, computer systems, or networks under the control or responsibility of WRAP through hacking, cracking, password mining, or any other unauthorized means.
8. End-User Data.
When you provide information to WRAP about yourself, including but not limited to your name, address, and contact information (“End User Data”), it belongs to you; however, you grant permission to WRAP to use that End User Data in connection with the Services and in accordance with our Privacy Policy. Accordingly, you grant WRAP an irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, create derivative works of, and otherwise exploit such End User Data solely in connection with providing the Services. You represent and warrant that you have all the necessary rights to grant WRAP the foregoing license for all End User Data you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
9. WRAP Disclaimer of Warranties.
THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, ARTICLES, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WRAP, ITS AFFILIATES, ITS PARENT, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
Under no circumstances shall WRAP, its affiliates, its parent, its subsidiaries or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if WRAP has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site; (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data, including End User Data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WRAP has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages WRAP’s liability in such jurisdictions shall be limited to the extent permitted by law.
11. Indemnity.
You agree to defend, indemnify and hold WRAP and its affiliates, parent, subsidiaries, officers, directors, agents, representatives, licensors, partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site; (b) violation of these Terms by you; or (c) infringement of any intellectual property or other right of any person or entity by you. WRAP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WRAP in asserting any available defenses.
12. International Use.
WRAP is headquartered in the UK, with an office in Washington D.C. in the United States. WRAP stores and processes End User Data in the United Kingdom and/or Germany. Site Visitors who accesses the Site are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply will all applicable laws regarding the collection and transmission of End User Data.
13. GDPR Statement for Data Collected for Surveys.
WRAP is committed to being transparent about how it collects and uses your data and to meeting its data protection obligations. In accordance with relevant legislation (including but not limited to the EU GDPR Regulations 2016/679, and UK Data Protection Act 2018), and for the purpose of this specific research, we will collect your data based on your consent - to determine the effectiveness of resources and to contact you if you win a prize. The data we collect includes behavioural, sociodemographic, and email address. You can choose to opt out of any questions. WRAP will never share this data with any third parties. Data will be collected by WRAP via SurveyLegend, which hosts and stores data in servers in Germany and abides by European Union (EU) law. To allow the Prize Draw to occur, WRAP will store your email address securely on password protected folders for the duration of the research. After which, it will be permanently deleted. All other data and information will be combined with other responses so we can evaluate our campaign. Your individual responses will not be attributed to your email address.
You can view WRAP’s Privacy Policy here: Privacy Policy | WRAP - The Waste and Resources Action Programme [https://www.campwastenot.com/privacy].
14. Copyright Policy.
WRAP respects the intellectual property rights of others and expects visitors to its Site to do the same. WRAP will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to WRAP using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
WRAP reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion.
15. Mandatory Arbitration, Waiver of Class Actions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1. Scope.
This Section 15 is intended to be interpreted broadly and governs any and all disputes between WRAP and Site Visitors, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms; and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
15.2. Pre-Arbitration Procedure.
We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us at commercial@wrap.ngo before taking formal action in accordance with paragraph 15.3. In your contact, please provide a brief, written description of the dispute and your contact information. WRAP agrees to use reasonable efforts to address your issue or complaint.
15.3. Binding Arbitration.
If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 2301 Blake Street, Suite 100, Denver, Colorado 80205, or its successor. Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement. EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
15.4. Class Action Waiver.
You and WRAP expressly waive the right to file a class action or seek relief on a class basis. YOU AND WRAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.5. Intellectual Property Exclusion.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, WRAP may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
16. Modifications to Service.
WRAP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, with or without notice. You agree that WRAP shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the Services offered through it.
17. Severability and Integration.
These Terms, along with WRAP’s Privacy Policy and any applicable agreement between you and WRAP, constitutes the entire agreement between you and WRAP with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and WRAP with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
18. Contact Information.
If have any questions or should you need any additional information about issues relating to the Site, please contact us at campwastenot@wrap.ngo.
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