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This website and the features it provides may be used only for lawful purposes by individuals seeking information about American Disposal Services and the services it may provide. This website is provided solely for the use of current and potential American Disposal Services customers to interact with American Disposal Services and may not be used by any other person or entity, or for any other purpose. Specifically, all services, receiving invoices and remitting payment, and other information and services provided by American Disposal Services may only be used by current and potential American Disposal Services customers for their own accounts. Use of this website to provide information to, or to request service by or for the benefit of, third parties is expressly prohibited.
By submitting such information, you grant American Disposal Services the right to provide such information to third parties for purposes of facilitating the completion of purchase of services initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including without limitation all delivery fees, late fees and any other fees, expenses, surcharges, costs and taxes set forth in the applicable service agreement.
Any and all intellectual property rights associated with the website and its contents are the sole property of American Disposal Services and its affiliates. The material provided in this website is protected by copyright and other laws in both the United States and other countries. All custom graphics, icons and other items that appear on the website are trademarks or service marks of American Disposal Services or its affiliates and may not be used or interfered with in any manner without the express written consent of American Disposal Services. Except as stated herein, none of the material set forth in this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of American Disposal Services, Inc. Any unauthorized use of any material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Except as expressly provided herein, American Disposal Services does not grant to you any express or implied rights to American Disposal Services’ or any third party’s intellectual property.
In addition, except to the extent required by law or as expressly provided herein, none of the information provided in this website may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of American Disposal Services. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use any of the content or other information set forth in this website in any way, unless expressly permitted to do so by American Disposal Services.
This website may contain links to third-party websites and resources. These links will let you leave our website. The linked websites are not under the control of American Disposal Services, and American Disposal Services is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. American Disposal Services makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. American Disposal Services is not responsible for the availability of the linked sites or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk.
American Disposal Services is not responsible for webcasting or any other form of transmission received from any linked site. American Disposal Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by American Disposal Services of the website.
If any of the services provided by this website require you to open an account, you must complete the registration process by providing American Disposal Services with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify American Disposal Services immediately of any unauthorized use of your account or any other breach of security. American Disposal Services will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by American Disposal Services or another party due to someone else’s use of your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
Neither American Disposal Services nor any of its employees accepts or considers unsolicited ideas or comments, including ideas for new advertising campaigns, marketing strategies, new or improved products and services, technologies, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should our business activities bear coincidental similarities with one or more unsolicited ideas offered to us. Please do not send your unsolicited ideas to American Disposal Services or anyone at American Disposal Services. However, we do welcome feedback regarding many areas of our existing businesses that will help satisfy customers’ needs, and feedback can be provided through the many listed contact areas on the website. Any feedback you provide shall be deemed a “submission” under the terms hereof.
If any ideas or comments are received, you acknowledge that: (i) they will not be considered confidential or proprietary, and your idea will automatically become the property of American Disposal Services without compensation to you; (ii) American Disposal Services and its affiliates are under no obligation to keep such information confidential; (iii) American Disposal Services will have no obligation to return your idea to you or respond to you in any way; and (iv) American Disposal Services will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments or ideas in any manner it chooses.
You agree that American Disposal Services, at its sole and absolute discretion, may terminate or suspend your use of the website or remove and discard any of your postings, communications transmitted by you, or information stored, sent, or received via the website at any time and for any or no reason, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately: (i) discontinue use of the website; and (ii) destroy any copies you have made of any portion of the content of the website. Accessing the website after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that American Disposal Services shall not be liable to you or any third party for any termination or suspension of your access to the website.
Further, American Disposal Services shall have the right to refuse or cancel any orders placed via this website. American Disposal Services shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, American Disposal Services shall promptly issue a credit to your credit card account in the amount of the charge.
COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Sites. Our designated agent is__________________________.
DMCA Infringement Notification. To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted; 5. The following statement: “I 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
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. American Disposal Services will remove or disable access to the content that is alleged to be infringing; 2. American Disposal Services will forward the written notification to the alleged infringer; and 3. American Disposal Services will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification. Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from American Disposal Services, the alleged infringer will have the opportunity to respond to American Disposal Services with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to American Disposal Services’ designated copyright agent, and must include the following:
1. A physical or electronic signature of the alleged infringer; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; 3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and 4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which American Disposal Services may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.
AMERICAN DISPOSAL SERVICES MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, AND THE USE OF SAME IS AT YOUR OWN RISK. THIS
WEBSITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE WEBSITE MAY BE OUT OF DATE, AND AMERICAN DISPOSAL SERVICES MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
AMERICAN DISPOSAL SERVICES MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT AMERICAN DISPOSAL SERVICES IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, AMERICAN DISPOSAL SERVICES IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMERICAN DISPOSAL SERVICES OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES, WHETHER BASED
You agree to defend, indemnify and hold harmless American Disposal Services and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims arising out of, or in connection with: (i) your breach of any of these terms and conditions set forth herein; (ii) any of your activities conducted in connection with this website; (iii) your use of the website or the use by any other person accessing the website using your user name and password; or (iv) any information or other material you provide to American Disposal Services or this website.
All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the webites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. American Disposal Services reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.
LIMITATIONS ON ACTIONS
SITE GOVERNANCE AND SEVERABILITY