Effective Date: August 1, 2016
Waste Hub provides this Website as an online marketplace for third parties to buy and sell waste material to and from one another, in order to reduce waste by diverting “waste product” away from landfills and repurposing it for various applications. These Terms cover your use of the Website whether you are simply browsing the Website, whether you buy and/or sell (or otherwise provide or receive) waste product through the Website, and/or whether you use other features of the Website. Throughout these Terms, unless otherwise specifically indicated, when we say “use of the Website” (or a similar phrase), this “use” includes visiting, browsing, using any features of the Website, as well as creating and logging into your account through the Website and using features only available to users with accounts. As used herein, the term “Receiver” means any user who purchasers or offers to purchase, is paid to receive or remove or offers to receive or remove in exchange for payment, removes or offers to remove at no cost to the Poster, or otherwise receives from a Poster waste product that is posted to the Website. “Poster” means any user who sells or offers to sell, pays or offers to pay to have removed, allows or offers to allow a Receiver to remove for no payment to the Receiver, or otherwise provides to any Receiver waste product that the Poster posts to the Website. The term “you,” as used in these Terms, may refer to a Receiver, a Poster, or another individual or entity that browses and otherwise uses the Website.
2. Important Restrictions and Information Regarding Use of Website. In addition to all other terms, conditions, and restrictions set forth in these Terms, you agree as follows:
a. TRANSACTION Fees.
- You agree to pay all Transaction fees due to Waste Hub, as described in the Additional Poster Terms and Additional Receiver Terms. You agree you will not circumvent or manipulate Waste Hub’s fee structure or fees owed to Waste Hub arising out of any Transaction. As used in these Terms, “Transaction(s)” means buying, selling, or otherwise providing or receiving waste product to or from another Website user with or without a monetary exchange, as a result, directly or indirectly, of information posted on the Website.
- Users of the Website (or information obtained through the Website) may not contact each other outside of the Website to complete, or to make efforts to complete, a Transaction in order to avoid paying fees due to Waste Hub as a result of such Transaction. You agree you will not use information about any Receivers or Posters, or about any waste product being offered or sought by any Receivers or Posters, which you obtained through the Website and then proceed with a Transaction without notifying Waste Hub of the Transaction and without paying the fees due to Waste Hub as a result of the Transaction, or otherwise try to avoid payment of fees owed to Waste Hub as a result of a Transaction. The requirement set forth in this Section 2(a)(ii) shall, for each Website user with whom you connect via the Website, begin on the date you first connect with such other Website user and continue for a period of two (2) years thereafter. For the avoidance of doubt, for a period of two (2) years after you connect with another Website user, you must notify Waste Hub of all Transactions in which you engage with such other Website user. Additional information regarding this requirement is set forth in our Additional Poster Terms and Additional Receiver Terms.
- You acknowledge and agree that Waste Hub takes certain measures to ensure that you do not attempt to violate Section 2(a) of these Terms. These measures include without limitation, the right and ability to monitor your communications with other Website users through the Website. Further, we will block any contact information that you try to send to another Website user through the Website, until such time as you indicate to Waste Hub that you are working with the other Website user toward entering into a Transaction (you can do so by clicking the “Setup Conference Call” button on the Website, which tells us you want Waste Hub to set up a conference call between you and the other Website user). Your message will still be sent, but the contact information will be blocked. In addition to blocking the contact information from your message, if you try to send another Website user contact information without notifying Waste Hub of the potential Transaction, Waste Hub will automatically be notified of your communication.
b. SERVICE FEES. Waste Hub reserves the right to charge Website users for various additional services not associated with specific Transactions, such as marketing services and various other services (such charges are referred to in this paragraph as “Service Fees”). You will be notified of the specific Service Fees and payment terms on the area of the Website where you find additional information about such services and purchase such services. All Service Fees are payable to Waste Hub in United States dollars. Except if required by law, all Service Fees paid to Waste Hub are nonrefundable. Waste Hub will invoice you for payment of any applicable Service Fees, and you agree to pay all invoices within thirty (30) days of the date of such invoices. For late payments, you will be charged (i) interest on the Service Fees at a rate of 1.5 % per month and a daily tabulation fee of $12.50 per day, or the maximum rate allowed by law, whichever is lower, such interest to be calculated from the date payment was due until finally paid to Waste Hub; and (ii) all attorneys’ fees and expenses and other costs and expenses incurred by Waste Hub in investigating your failure to pay and collecting payment. We may change the Service Fees we charge for various services offered through the Website from time to time. If you are already using services when we change the associated Service Fees, we will notify you of such changes via the contact information associated with your account or by requiring you to agree to such changes the next time you log into your account. If you are already using the services when we change the associated Service Fees, you will be able to opt out of receiving the applicable services if you do not agree with the Service Fee changes. If you do not opt out, you will continue to receive the services, and you agree to the Service Fee changes. Changes to our Service Fees will be effective fourteen (14) days after we provide notice to you of such changes.
c. Agreement Not to Compete or Improperly Use Information.
- You agree you will not create a database, product, or service by downloading, copying, aggregating, saving, and/or distributing content (including without limitation Waste Hub Content, User Content, and/or user personal information) from the Website, whether directly or through intermediaries (including without limitation by manual means or by means of spiders, robots, crawlers, scrapers, framing, or otherwise). As a limited exception, general purpose Internet search engines will be entitled to access the Website and use limited content from the Website if, in all cases and individual instances: (i) They only take web pages from the Website that are accessible to users who do not have accounts, such as the Website homepage; (ii) they provide a direct hyperlink to the relevant web page from the Website; (iii) they link to and use the content solely in connection with their activities as a general purpose Internet search engine; and (iv) they access the Website from a stable IP address using an easily-identifiable agent. Waste Hub may terminate this limited exception for general purpose Internet search engines at any time and in its sole discretion, upon written notice including, without limitation, email notice; and
- You agree you will not access or use the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website, including without limitation to access, post, or transmit Waste Hub Content, User Content, and/or user personal information.
e. Disclaimer of Responsibility and Liability. You agree that Waste Hub is not a party to, makes no representations or warranties as to, and has no responsibility or liability with respect to any Transactions, interactions, disputes, or any relations whatsoever between you and any other user of the Website. You acknowledge that Waste Hub is not responsible for pre-screening or approving User Content, including without limitation advertisements of waste product made available by other users, though Waste Hub shall have the right (but not the obligation), in its sole and absolute discretion, to refuse to post or to remove any User Content for violation of the letter or spirit of these Terms or for any other reason. You must conduct any necessary, appropriate, and prudent investigation, inquiry, research, and due diligence with respect to your interactions and Transactions with other users of the Website.
f. Indemnification by You. You agree to indemnify, defend, and hold harmless Waste Hub; its parent company(ies), subsidiaries, affiliates; and each of OUR AND their RESPECTIVE officers, directors, MEMBERS, employees, and agents for, from, and against, any and all claims, damages, liabilities, losses, judgments, demands, and costs and expenses (including reasonable attorneys’ fees and costs) due to or arising out of (i) your use of or activities in connection with the Website, your account, Waste Hub Content, User Content, or other information or materials obtained through the Website; (ii) activity that occurs through and by use of your account by you or a third party (whether or not you have authorized such THIRD-PARTY use); (iii) your TRANSACTIONS, interactions, DISPUTES, AND OTHER RELATIONS with other users of the Website; (iv) your violation of these Terms and/or any breach of your representations or warranties made in these Terms; (v) the use of any waste product; (vi) the transport, STORAGE, DISPOSAL OR RE-USE of any waste product, such as that which results in any cleanup actions or other actions or liabiliTies; (vii) your violation of any law, rule, or regulation; (viii) your User Content; and/or (ix) your infringement, misappropriation, or other violation of any third-party rights, including without limitation the rights of another user of the Website.
g. Legal Disputes. You and Waste Hub agree that any claim or dispute at law or equity that may arise between us will be resolved in accordance with the provisions set forth in Section 25 below. Section 25 affects your rights and will have a substantial impact on how claims between us, if any, are resolved.
3. Modification of Terms. Waste Hub may modify and update these Terms from time to time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure that you are aware of any changes. You can determine if these Terms have been revised since your last visit by referring to the effective date at the top of these Terms. We will also notify you of any new or revised Terms by posting a notice on the Website. If changes are significant and if you have an account on the Website, we will also notify you of such changes either (i) via the contact information associated with your account; or (ii) by requiring that you agree to the revised Terms the next time you log in to your account. Your access to or use of this Website following such revision constitutes your acceptance to these Terms as revised, and the revisions will apply to your access to and use of the Website on and after the date on which we post the revised Terms to the Website; provided, however, that the version of these Terms in effect on the date that a Transaction between you and another Website user is initiated will continue to apply to such Transaction, even if these Terms are later changed. For purposes of the foregoing sentence, a Transaction is “initiated” when a Receiver expresses interest in buying, being paid to remove, or otherwise receiving waste product from a Poster, and the Poster initially engages in a negotiation with the Receiver with regard to the potential Transaction. We will keep prior versions of these Terms in an archive for your review upon request.
4. Jurisdiction. The Website is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Website may not be appropriate for use in some jurisdictions outside of the United States, and use of the Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Website, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Website. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
5. Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e‑mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. User Permissions and Obligations.
a. Right to Use the Website and Waste Hub Content. Waste Hub grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Website and to download and print limited copies of Waste Hub Content (defined as all text, graphics, logos, images, audio clips, digital downloads, and any other material or information on, comprising, or used in connection with the Website); provided that you do not delete or modify any copyright or other proprietary notices therefrom and that you comply with all terms and conditions of these Terms regarding such Waste Hub Content, including without limitation the confidentiality, non-compete, and other requirements in Section 2 of these Terms. Any other copying, use, distribution, display, transfer, or modification of the Website and/or Waste Hub Content, or any other property of Waste Hub (or creation of derivative works based on the Website, Waste Hub Content, or other property of Waste Hub) is strictly prohibited without the express prior written permission of Waste Hub. Notwithstanding the foregoing or the fact that all website content is referred to as “Waste Hub Content,” you acknowledge that some of the content on the Website belongs to our customers who use the Website to sell and/or buy, pay to have removed, remove without charge, or agree to have removed, or otherwise provide or receive waste products through the Website (this content, described and defined further in Section 9 below) is referred to hereafter as “User Content.” You agree to use such User Content according to these Terms; provided, however, that owners of User Content may grant different rights and provide different restrictions pertaining specifically to their User Content, and you agree to comply with all such different rights and restrictions. You acknowledge that the unauthorized use of the Website, Waste Hub Content, or other property of Waste Hub could cause irreparable harm to us and/or our suppliers, licensors, and/or customers, and that in the event of an unauthorized use, we (or our customers, in the case of User Content) will be entitled to any and all remedies at law or in equity, including without limitation injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.
b. User Accounts. In order to buy and/or sell, pay to have removed, remove without charge, or agree to have removed, or otherwise provide or receive waste product through the Website and possibly to use certain other features of the Website, you will need to register to create an account. When registering, you agree to provide current, complete, and accurate information, as prompted by the registration page. You also agree to update your information if any information changes. As part of the registration process, you will create or be given a username and password. We may require from time to time that you change your username and/or password. Your username and password are for your personal use only and should be kept confidential. You will be responsible for all usage of your username and password and activity that occurs under your username and password, and you agree to promptly notify us of any unauthorized use of your username and password and/or your account on the Website. Waste Hub will not be held responsible or liable for any losses, damages, or liabilities that you may incur as a result of someone else using your username and password, either with or without your knowledge. You may be held liable for losses, damages, or liabilities incurred by Waste Hub due to someone else using your username and password, either with or without your knowledge.
c. Technical Requirements. You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.
d. Conduct on the Site. You agree not to:
- Use the Website or Waste Hub Content in any manner that may adversely affect Waste Hub’s resources or the availability of the Website to others;
- Use the Website or Waste Hub Content in any manner that may violate any local, state, national, or international law, or in any fraudulent manner;
- Delete or revise any Waste Hub Content on the Website, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with or create derivative works from or of any portion of the Website;
- Manipulate the price of any waste product or otherwise interfere with any other users’ waste product listings;
- Remove any copyright, trademark, or other proprietary rights notice from the Website or any Waste Hub Content;
- Transmit, disclose, collect, or store personal information about others, unless you have their prior written consent in each instance;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- Submit or post any personal information about any person without such person’s prior written consent;
- Submit or post any material or information that is illegal, obscene, threatening, harassing, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam;”
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit or post;
- Attempt to gain unauthorized access to the Website or accounts other than your own. You may not obtain or attempt to obtain any Waste Hub Content or other material or information through any means not intentionally made available to you through the Website. You may not attempt to defeat any security measures that we take to protect the Website;
- Circumvent any Waste Hub policy or determinations about your account status, such as account suspensions, limitations, restrictions, or terminations;
- Violate the rights of any third party or breach any contract with or duty owed to any third party; or
- Circumvent any payment obligation owed to Waste Hub, as described more fully in Section 2(a) above, or attempt to defeat measures we take to stop Website users from contacting other Website users outside of the Website to complete, or to make efforts to complete, Transactions in order to avoid paying fees due to Waste Hub as a result of such Transactions (such as those measures set forth in Section 2(a)(iii) above).
You expressly acknowledge and agree that engaging in any of the above activities constitutes an unauthorized use of the Website and Waste Hub Content and is a material breach of these Terms, which may result in sanctions, ranging from suspension or termination of your access, cancellation of your account, and criminal and/or civil liability. Other violations of these Terms may also result in such actions and liability.
7. Provisions Applicable to Receivers and Posters. If you sell or otherwise provide and/or buy or otherwise receive waste product through the Website, or even if you initially engage in a Transaction that does not end in the transfer of waste product between you and another user of the Website, please see our Additional Receiver Terms and our Additional Poster Terms, each of which apply to such Transactions (even if not completed). The Additional Receiver Terms and Additional Poster Terms are incorporated into and made a part of these Terms by this reference, and you agree to the Additional Receiver Terms and Additional Poster Terms when you register for an account through the Website.
8. Receiver and Poster Agreements and Disputes. Waste Hub reserves the right, without notice and in its sole discretion, to restrict or block access to any Receiver or Poster of waste products through the Website who fails to comply with these Terms, or as otherwise provided in accordance with the provisions of these Terms. However, Waste Hub is under no obligation to remove or change any Poster listings or User Content at the request of another Website user. Any and all disputes between Website users shall be resolved solely between the parties concerned, and Waste Hub shall not be involved in such disputes in any manner, nor shall Waste Hub be responsible or liable to any party involved in such disputes. Waste Hub does, however, reserve the right to terminate or block use of the Website by any or all of the parties involved in any such dispute for any reason in Waste Hub’s sole discretion, but particularly if such dispute cannot be resolved in a professional and civil manner.
9. Content You Submit Using the Website.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY OTHER USER OF THE WEBSITE.
b. Conduct Relating to Your User Content. If you post User Content to areas of the Website where it is readily apparent that the User Content will be publicly available or at least viewable by other users with accounts through the Website:
- You are solely responsible for your conduct relating to your posting of User Content and for any User Content you post or that you allow others to post under your username. You can edit or remove some or all of the User Content you post at any time. If you terminate your account, we may, but have no obligation to, remove all User Content that you posted if you request that we do so, but copies of your account information and User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the Website may be suspended or terminated, and we may notify law enforcement authorities of your actions.
- You must not create multiple accounts for yourself with the intention of exploiting the Website.
- You may not post User Content using any automated means. You must post User Content manually through all steps of the posting process. You may not develop, offer, market, sell, distribute, or provide an automated means to perform any step of the posting process, in whole or in part.
- Waste Hub may or may not pre-screen your User Content before it is posted, and Waste Hub shall have the right, but not the obligation, in its sole discretion and without notice to you to refuse to post your User Content.
- Waste Hub is not obligated to monitor the User Content posted to the Website. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other user.
- By posting, you represent and warrant that you have the right to share the User Content in your posts, and that our use of the User Content as allowed in these Terms and inclusions of the User Content on the Website does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages resulting from any infringement, misappropriation, or other violation of any such third-party rights or any other harm resulting from your posting of User Content to the Website, and you agree to indemnify, defend, and hold harmless Waste Hub; its parent company(ies), subsidiaries, and affiliates; and each of our and their respective officers, directors, members, employees, and agents for, from, and against any and all claims, damages, liabilities, losses, judgments, demands, and costs and expenses (including reasonable attorneys’ fees and costs) arising from the same.
- User Content posted to the Website is the responsibility of the users who post such User Content. This User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Website, if any, are not necessarily our views. We are not responsible for, and we disclaim any and all responsibility and liability for the User Content posted to the Website. You acknowledge and agree that your reliance on the User Content posted to the Website will be at your own risk.
- In the event that Waste Hub refuses to post your User Content to the Website or removes any User Content you posted for any reason, Waste Hub reserves the right to disclose any such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
10. Your Reliance on User Content. Waste Hub does not control, is not responsible for, and makes no representations or warranties with respect to any user of the Website or any User Content posted to the Website (including without limitation User Content relating to waste products). You are solely responsible for your interaction with and/or reliance on any other user, User Content, or user conduct. You are responsible for performing necessary, appropriate, and prudent investigation, inquiry, research, and due diligence with respect to any other user, User Content, and user conduct.
11. Infringement Policy. Waste Hub will disable access to or remove User Content posted to the Website if it believes in good faith that the User Content is infringing a copyrighted work. We will suspend and/or terminate access of users that we believe in good faith are repeat copyright infringers. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please refer to Waste Hub’s Digital Millennium Copyright Act Policy, located here, (“DMCA Policy”) for information regarding how to file or respond to a notice of infringement. This DMCA Policy is incorporated into and made a part of these Terms by this reference, and your use of the Website constitutes your acknowledgement of and agreement to our DMCA Policy.
12. Feedback. By submitting ideas, suggestions, enhancement requests, documents, and/or proposals (“Contributions”) to Waste Hub through any suggestions or feedback page(s) on the Website or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) Waste Hub is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Waste Hub is entitled, but not obligated, to use or disclose (without notice to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) Waste Hub may have something similar to the Contributions already under consideration or development, and Waste Hub will own all right, title, and interest in and to what it creates or develops without use of your Contributions; (v) you hereby assign all right, title, and interest in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein) to Waste Hub; and (vi) you are not entitled to compensation of any kind for your Contributions.
13. Ability to Agree to Terms; Intended Users; Children under Age Thirteen. The Website is intended for adults only. By accessing, browsing, creating an account through, or otherwise using the Website, you affirm that you (i) are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental consent or guardian consent to use the Website and provide information through the Website; and (ii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. The Website is not directed at children under the age of thirteen (13). Waste Hub does not and will not knowingly collect personally-identifiable information of anyone under age thirteen (13) through the Website. Waste Hub does not and will not knowingly permit submission of personally-identifiable information by anyone under age thirteen (13) through the Website. Waste Hub does not and will not knowingly contact children under age thirteen (13) for marketing purposes. Waste Hub will not knowingly sell or facilitate the sale of products or services to children under age thirteen (13).
15. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections are available at: http://www.ikeepsafe.org/ and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Website is harmful to minors.
16. Accuracy of Waste Hub Content. We attempt to provide Waste Hub Content on the Website that is complete, accurate, and current (excluding User Content, for which we are not responsible). Despite our efforts, the Waste Hub Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any Waste Hub Content on the Website.
17. No Warranty; Limitations of Liability. YOU USE THE WEBSITE AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE, WASTE HUB CONTENT, ACCESS TO USER CONTENT, AND ALL OTHER SERVICES, INFORMATION, AND OTHER MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, WASTE HUB CONTENT, USER CONTENT, AND ALL OTHER SERVICES, INFORMATION, AND OTHER MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, NON-INFRINGEMENT, AND TITLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE, WASTE HUB CONTENT, USER CONTENT, AND/OR ALL OTHER SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE. WASTE HUB IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE, OR THE INTERCEPTION OR LOSS OF ANY DATA TRANSMITTED TO OR FROM THE WEBSITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE), AND WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS THROUGH THE WEBSITE; WASTE PRODUCT PROMISED OR EXCHANGED; INFORMATION OR ADVICE OFFERED OR EXCHANGED; OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, OR COMMUNICATIONS THROUGH, RELATED TO, OR AS A RESULT OF YOUR USE OF THE WEBSITE OR USER CONTENT ACCESSED THROUGH THE WEBSITE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE WEBSITE WILL BE SECURE AND NOT INTERCEPTED BY A THIRD PARTY. WASTE HUB SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FAILURE OF OR DAMAGE TO ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS OR INTERCEPTION OF DATA, THEFT, OR ERRORS. IF THE USER CONTENT YOU POST IS CONFIDENTIAL, DEFAMATORY, OR OTHERWISE VIOLATES THE RIGHTS OF THIRD PARTIES, YOU MAY BE LEGALLY RESPONSIBLE FOR DAMAGES, AND WASTE HUB SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SAME.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU EXPRESSLY RELEASE US; OUR PARENT COMPANY(IES), AFFILIATES, AND SUBSIDIARIES; AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPHS OF THIS SECTION 17 OR ANY OTHER DISCLAIMERS OR LIMITATIONS OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF OR INABILITY TO USE THE WEBSITE, WASTE HUB CONTENT, USER CONTENT, OR OTHER SERVICES, INFORMATION, OR MATERIALS ON AND/OR COMPRISING THE WEBSITE; OR (II) ANY OTHER MATTER RELATING TO THE WEBSITE, WASTE HUB CONTENT, USER CONTENT, OR OTHER SERVICES, INFORMATION, OR MATERIALS ON AND/OR COMPRISING THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WASTE HUB CONTENT, USER CONTENT, OR OTHER SERVICES, INFORMATION, OR MATERIALS ON AND/OR COMPRISING THE WEBSITE IS TO STOP USING THE SAME.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 17 ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US (THIS EXCLUDES ANY AMOUNT YOU PAID TO ANY OTHER WEBSITE USER IN CONNECTION WITH A TRANSACTION) TO USE THE WEBSITE, IN THE THREE (3) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO YOUR CLAIM. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY ANY DIRECTOR, MEMBER, OFFICER, EMPLOYEE, OR AGENT OF WASTE HUB MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF WASTE HUB IN CONTRADICTION TO THIS SECTION 17, OR ANY OTHER PROVISIONS OF THESE TERMS.
19. Waste Hub’s Intellectual Property Rights. WASTE HUB™ and other trademarks, service marks, and names appearing on the Website are registered or unregistered trademarks and service marks of Waste Hub in the United States and other countries. Waste Hub exclusively owns all right, title, and interest in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use Waste Hub’s trademarks, service marks, or names in any meta-tags or other hidden text without the express written consent of Waste Hub.
Product, service, and company names that appear on the Website that are not owned by us are subject to trademark or other rights of other parties.
Except for User Content, all Waste Hub Content; the selection, arrangement, and presentation of all Waste Hub Content (including information in the public domain); and the overall design, “look and feel,” color combinations, and other graphical elements of the Website are the exclusive property of Waste Hub or its licensors or suppliers (collectively for purposes of this paragraph, the “Website Content”). Waste Hub or its licensors or suppliers own all right, title, and interest in and to the Website Content, including without limitation all copyright and other intellectual property and proprietary rights in and to the Website Content.
21. Linking to and Framing of the Website. You may not frame or mirror any Waste Hub Content or other portions of the Website. If you link to the Website, Waste Hub reserves the right to block any such links and/or demand you remove any such link at any time, for any or no reason, and at Waste Hub’s sole discretion.
22. Audit Rights and Enforcement. Waste Hub has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your usage of the Website to determine your compliance with these Terms. Aside from this Section 22 of these Terms, Waste Hub does not have to notify you again prior to any such audit of your Website usage. Waste Hub has the right to enforce these Terms, for any reason and in any manner or by any means that Waste Hub, in its sole discretion, deems necessary or appropriate (including without limitation automated and manual screening, blocking, filtering, exclusion from search results, authorization, verification, the deletion of Waste Hub Content and User Content, and/or the deletion and termination of user accounts and access). Waste Hub may, in its sole discretion and without notice, start, stop, or modify any regulation or enforcement measures at any time. Waste Hub’s action or inaction to regulate content or conduct or to enforce any potential or actual violation of these Terms by any user does not waive Waste Hub’s right to implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential or actual violation of these Terms.
23. Discontinuance and Modification; Termination. There is no guarantee that Waste Hub will continue to offer or provide the Website, and Waste Hub may simply suspend or discontinue the Website (or any part thereof) at any time for any reason and without notice to you. Waste Hub has the right to remove any content from the Website or to modify the Website or any portion thereof.
You understand and agree that your access to the Website and your account (including all files or information associated with your account) depends upon your compliance with these Terms. Waste Hub may, in addition to all other rights and remedies, terminate your access to and your use of the Website and your account (including all files or information associated with your account) if you breach any provision of these Terms or if you access or use the Website or your account in a manner that is not expressly authorized by Waste Hub, in any manner that is in violation of laws or regulations, or in any manner that may harm Waste Hub. Regardless of the cause or basis for termination, you agree that (i) you will not have the right to bring claims against us arising solely from such termination; and (ii) you are not entitled to compensation or damages of any kind as a result of the termination. We shall not be responsible or liable for any termination of your access to the Website and/or your account (including all files or information associated with your account), and (except as may be required under applicable law) we shall not be required to make such information or files available to you after such termination. Accessing the Website and/or your account after such termination will constitute an act of trespass, among other potential claims.
24. Your Discontinued Use. You may discontinue use of the Website and/or your account at any time. These Terms will continue to apply to all past use of the Website and/or your account, even if you are no longer using the Website and/or your account, whether voluntarily or because we terminated your access thereto.
25. Governing Law and Disputes. These Terms, and any dispute that may arise between you and Waste Hub regarding the Website or any Waste Hub Content or other information or materials on the Website, will be governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction.
You agree that any and all disputes and claims relating in any way to these Terms (including the arbitrability of any claim or dispute and the enforceability of this Section 25), with the exceptions set forth in this Section 25, shall be submitted to and resolved by means of confidential arbitration conducted in Denver, Colorado, USA. The arbitration shall be conducted under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association. The rules are available at www.adr.org. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief as a court. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other current or former user of the Website, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate Waste Hub’s intellectual property rights; disclosed or threatened to disclose any Waste Hub confidential or proprietary information; violated or threatened to violate the security of any person, data, Waste Hub servers, Waste Hub networks, and/or the Website; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to Waste Hub, and, notwithstanding any other provision of these Terms, Waste Hub shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or any other security and without proving monetary damages), and you agree that Waste Hub may seek such relief in any court located in Colorado, USA.
You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Colorado, USA, and you waive any jurisdictional, venue, or inconvenient forum objections thereto.
You agree that any dispute arising between you and Waste Hub under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against Waste Hub arising out of or relating to these Terms or your use of the Website within one (1) year after such claim or cause of action arose, or forever be barred.
26. Notices. Notices provided by you to Waste Hub shall be sent by first class mail or certified mail, return receipt requested to the address shown below, and such notices shall be deemed received five (5) business days after you mailed such notices to the correct address. We may send you notices to the email address you have provided in connection with your account, and notices we send to you via email shall be deemed received by you twenty-four (24) hours after we send such email. Alternatively, we may give you notice by mail to the address you have provided in connection with your account, and notices we send to you via mail shall be deemed received by you five (5) business days after we mail such notices.
28. Contact Us. If you have any comments, concerns, complaints, or questions about these Terms or the Website, please contact us at:
Waste Hub L.L.C.
11 Broadcommon Road Suite 341 Bristol, RI 02809, USA
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
© 2016 Waste Hub, LLC. All rights reserved.