By requesting a copy of the presentation, “The Business of MRFs”, which was presented at the Packaging Recycling Summit, the party requesting a copy must agree to the following terms and conditions:  

TERMS AND CONDITIONS:  The creator of the presentation is Circular Ventures, LLC and its founder, Myles Cohen, hereinafter referred to as “Discloser.”  The person or organization requesting a copy of this presentation is hereinafter referred to as “Recipient”.  The presentation entitled: “The Business of MRFs” is hereinafter referred to as “The Presentation”.  

Recipient agrees that virtually all recycling rates, capture rates, recovery rates communicated by anyone or any organization, about ANY material, are estimates, require assumptions, and are not necessarily scientific, even though some organizations or trade associations may present their conclusions with a high degree of confidence and certainty, but generally speaking, they are estimates.  The data contained in The Presentation is no different and is strictly the opinion of the Discloser, and the Recipient is made aware of this fact prior to requesting a copy of The Presentation.  Discloser has developed the data contained in The Presentation based on the Discloser’s experience and tenure in the industry, detailed research and interviews with well-regarded individuals with in-depth knowledge of packaging generation, recycling, and disposal, as well as in-depth knowledge of other recycling and municipal solid waste industry statistics and trends, and therefore, Discloser feels the conclusions within The Presentation are very credible, but in the end, they are only the Discloser’s estimates.  Discloser does not guarantee the accuracy of the information contained in The Presentation.  Recipient acknowledges and accepts that the Discloser shall accept no liability in respect of any alleged or actual error(s) and/or omission(s) of any of the information contained in The Presentation.

Recipient agrees that The Presentation contains CONFIDENTIAL and PROPRIETARY content, and the Discloser retains all rights in The Presentation, including (without limitation) all other proprietary rights worldwide in all media.

Recipient may utilize The Presentation only for business and personal use. Recipient must obtain express written permission from Discloser for any additional use.

In addition, printing is disabled.  In no event may Recipient publish, transmit, reproduce, copy, sell, or distribute the entirety of The Presentation, or any portion of The Presentation, without express written permission from Discloser. This includes the Recipient being prohibited from communicating any content or opinions about The Presentation in any and all electronic or social media.   Furthermore, Recipient will not cite the information in their own work, create derivative works from, perform, publish, transmit, distribute, sell (or participate in any sale), or otherwise access, use, or exploit any material retrieved from, or contained in The Presentation without express written consent from Discloser.  

The Presentation will be distributed to Recipient “AS IS.” Discloser gives no warranties and disclaims any and all responsibility for any claim, or loss of ANY kind relating to the use of the information contained in The Presentation.  Recipient agrees to hold Discloser harmless from ALL Claims and ANY losses relating to The Presentation, or any information contained within it.

LIMITATION OF LIABILITY:  In no event shall Discloser be liable to Recipient, or any members of Recipient’s organizations for any incidental or consequential damages or loss of goodwill in any way relating to the information presented in The Presentation. 

NON-DISPARAGEMENT: Recipient agrees not to make any statements reasonably calculated to negatively impact the reputation or good name of Discloser.  Recipient also agrees not to claim that the Discloser has negatively impacted the reputation or good name of the Recipient. Prohibited comments and statements made by the Recipient include those communications that might be oral or written, presented in conferences, or in social media or articles, which would put into question the validity of the content of The Presentation.  Recipient agrees not to publicly criticize, disparage, defame or libel Discloser.

Within these TERMS AND CONDITIONS, there are several instances referencing “without express written consent of Discloser”.  Should Recipient request permission for the use of any content in The Presentation, and should the Discloser grant such request, the Recipient will present, for PRE-APPROVAL, to the Discloser, the explicit content to be used, and if approved for use by the Discloser, the Recipient will cite the material as the work product of the Discloser, if the Discloser requests that the Recipient cites the content  as the work product of the Discloser.  

Recipient and Discloser agree that these provisions supersede and replace all prior negotiations and all prior agreements, between the Discloser and the Recipient whether oral or written.