Most Recent Update: February 3, 2014
Welcome to Wastexperts!
1. Your relationship with Wastexperts.
1.1 Your use of this site, www.wastexperts.net and related subdomains (the “Site”), is subject to the terms of a legal agreement between you and Wastexperts. “Wastexperts” means Wastexperts, Inc., a California corporation, and its affiliates. This document explains how the agreement is made up, and sets out the terms of that agreement.
1.2 Unless otherwise agreed in writing with Wastexperts, your agreement with Wastexperts will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”. Your agreement with Wastexperts will also include the terms of any other written agreements between you and Wastexperts (such as a Service Agreement, defined below). In the event of a conflict between the terms set forth in this document and the terms of any other written agreement between you and Wastexperts, the terms of the other written agreement shall prevail.
1.3 For purposes of these Terms:
References to “Wastexperts,” “we,” “us,” and “our” mean Wastexperts, Inc., a California corporation, and its affiliates.
The “Services” means the waste management services that Wastexperts and/or its affiliates provide to its clients (each a “Client”). Wastexperts and its affiliates provide the Services pursuant to separate written contracts with each Client (each a “Service Agreement”).
“You” means any user of the Site, including any Client who uses the Site.
2. Accepting and Amending the Terms.
2.1 In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not accept the Terms.
2.2 You can accept the Terms by any of the following:
(a) Clicking to accept or agree to the Terms, where this option is made available to you by Wastexperts in the user interface.
(b) Signing (or clicking to accept or agree to) another contract between you and Wastexperts that incorporates these Terms by reference.
(b) Actually using the Site. In this case, you understand and agree that your use of the Site will constitute acceptance of the Terms from that point onwards.
2.3 (a) You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is
greater than 18 years of age, to use the Site and to accept these Terms.
(b) By using the Site or the Services, you represent and warrant that you satisfy these requirements and have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
(c) If you are agreeing to the Terms on behalf of a corporation or other organization, you represent and warrant that you have the authority to cause the organization to agree to the Terms.
(d) The Services are administered in the United States. Any use outside of the United States is at your own risk, and you are responsible for compliance with any local laws applicable to your use of the Services.
2.4 WASTEXPERTS MAY AMEND THESE TERMS AT ANY TIME BY POSTING THE AMENDED TERMS ON THE SITE. EXCEPT AS STATED ELSEWHERE IN THESE TERMS, ALL AMENDED TERMS SHALL BE EFFECTIVE WHEN YOU CLICK TO ACCEPT THE AMENDED TERMS, WHEN YOU ACCESS THE SITE AFTER RECEIVING NOTICE OF THE AMENDED TERMS, OR AUTOMATICALLY FIFTEEN (15) DAYS AFTER THE AMENDED TERMS ARE INITIALLY POSTED, WHICHEVER IS SOONER. BY CONTINUING TO USE THE SERVICES AFTER THESE AMENDED TERMS TAKE EFFECT, OR BY CLICKING TO ACCEPT OR AGREE TO THE AMENDED TERMS, YOU CONSENT TO THESE CHANGES.
2.5 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Using Your Client Page. The terms provided in this Section 3 apply to any Client that chooses to use the Client
Dashboard feature within the Site.
3.1 If you are a Client, you may use your Client Dashboard to submit service requests to us and to review information about the Services we provide to you.
3.2 You acknowledge and agree that the terms of your Service Agreement will apply to any service request that you submit through the Client Dashboard.
3.3 You agree and understand that you are responsible for maintaining the confidentiality of any passwords that you use to access the Site and the Client Dashboard. Accordingly, you agree that you will be solely responsible to Wastexperts for all activities that occur under your account. If you become aware of any unauthorized use of your password or your account, you agree to notify Wastexperts immediately by calling (925) 484-4422 or emailing us at email@example.com.
3.4 Except as otherwise provided in the Terms, you agree that Wastexperts shall have the right (but not the duty) to list you as a recipient of the Services for purposes of our website and other promotional materials, and to display your name and logo for that purpose.
3.5 You agree that any information you provide to Wastexperts will be accurate, correct and up to date.
4. Your use of the Site.
4.1 You agree to use the Site and the Services only for purposes that are permitted by the Terms and by applicable law (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.2 You agree not to access (or attempt to access) the Site by any means other than as authorized by Wastexperts. You specifically agree not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers).
4.3 You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site).
4.4 Unless you have been specifically permitted to do so in a separate agreement with Wastexperts, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site or the Services for any purpose.
4.5 You acknowledge and agree that Wastexperts may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at Wastexperts’ sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to specifically inform Wastexperts when you stop using the Site.
4.6 You may find links to other websites or resources on the Site. You acknowledge and agree that Wastexperts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Wastexperts will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
5. Proprietary rights.
5.1 You acknowledge and agree that Wastexperts (or Wastexperts’ licensors) own all legal right, title and interest in and to the Site and content located on the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2 Unless you have agreed otherwise in writing with Wastexperts, you agree not to use any of Wastexperts’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features except to identify Wastexperts.
5.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
5.4 You agree that in using the Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
5.5 For purposes of these terms, “Submissions” means any ideas, information, feedback, messages, questions, comments, suggestions, or similar communications that you provide to us in connection with the Site. Any and all Submissions shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any Submissions, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such Submissions for any purpose whatsoever, and to disclose your first name, first initial of your last name, your company name, and your general location (city, state and/or country) in connection with such use. By way of example, but not limitation, we may use your Submissions to develop and improve the Site or for purposes of advertising or promotions. We shall be free to use anything contained in your Submissions for any purpose whatsoever. This license does not entitle you to any payment from us for any reason. We are not obligated to publish, display or post any Submissions publicly.
6. EXCLUSION OF WARRANTIES.
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
6.2 WASTEXPERTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS.
(B) YOUR USE OF SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE. HOWEVER, WASTEXPERTS WILL NOT KNOWINGLY PROVIDE FALSE OR MISLEADING INFORMATION THROUGH THE SITE.
6.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WASTEXPERTS OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.5 WASTEXPERTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), REGARDING THE SITE.
6.6 IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. LIMITATION OF LIABILITY, INDEMNITY.
7.1 EXCEPT AS OTHERWISE PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WASTEXPERTS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY) OR ANY LOSS OF GOODWILL OR BUSINESS REPUTATION.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF YOUR FAILURE TO PROVIDE WASTEXPERTS WITH ACCURATE INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
(C) ANY LOSS OR DAMAGE CAUSED BY HACKERS OR OTHERS WHO GAIN UNAUTHORIZED ACCESS TO OUR NETWORK. ALTHOUGH WE TAKE REASONABLE STEPS TO SAFEGUARD AND PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION AND SIMILAR DATA, WE CANNOT BE RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS. YOU ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED THE RISK OF IDENTITY THEFT, RELATING THE MAINTENANCE OF YOUR DATA ON OUR NETWORK.
7.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WASTEXPERTS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) TO YOU UNDER ANY CAUSE OF ACTION OR CAUSES OF ACTION EXCEED $10,000.00.
7.3 THE LIMITATIONS ON WASTEXPERTS’ LIABILITY (AND THE LIABILITY OF WASTEXPERTS’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) TO YOU SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND WHETHER OR NOT WASTEXPERTS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7.4 THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.5 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WASTEXPERTS (AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND LICENSORS) FROM ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM OR RELATE TO (A) YOUR USE OF THE SITE; (B) YOUR VIOLATION OR BREACH OF ANY OF THE TERMS SET FORTH IN THIS DOCUMENT; OR (C) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHTS
8. Termination of the Site. Wastexperts may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, which may result in the loss of all information associated with your use of the Site. If you wish to terminate your use of the Site, you may do so at any time. These Terms shall survive termination of the Site.
9. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is David Lentz, Owner, who can be reached as follows:
By Mail: Wastexperts, Inc., Attn: Copyright, 440 Boulder Court, Suite 200, Pleasanton, CA 94566
By Phone: (925) 484-4422
By e-mail: Service@wastexperts.net
10. Advertisements. Wastexperts may run advertisements and promotions from third parties on the Site. These advertisements and promotions may be targeted to you and other users of the Site and the Services based on the content of information stored on the Services, queries made through the Services, or other information. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Wastexperts found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Wastexperts is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Wastexperts advertisers on the Site.
11. General legal terms.
11.2 You agree that Wastexperts may provide you with notices, including those regarding changes to the Terms contained in this document, by email, regular mail, or postings on the Site. Wastexperts may use the email or regular mail addresses that you provide us for the purpose of providing these notices to you.
11.3 You agree that if Wastexperts does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Wastexperts has the benefit of under any applicable law), this will not be taken to be a waiver of Wastexperts’ rights and that those rights or remedies will still be available to Wastexperts.
11.4 All terms and conditions of the Terms shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. Unless the context clearly requires otherwise, all references in the Terms to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words "shall," "will," or "agrees" are mandatory, and the word "may" is permissive; the word "or" is not exclusive; the words "includes" and "including" are not limiting; and the words "day" or "days" refer to calendar days. Headings are provided for convenience only and shall not be considered in interpreting the Terms.
11.5 The parties hereby consent to the jurisdiction of the courts of the State of California, and agree that any disputes arising out of or related to these Terms shall be resolved in the State of California, to the exclusion of any other jurisdiction. These Terms shall be governed by and construed in accordance with the internal laws of the State of California, without regard to California’s choice-of-law provisions, and shall be deemed to have been entered into in Alameda County, California. The parties hereby stipulate to venue in the Superior Court of California, County of Alameda, or the U.S. District Court for the Northern District of California.
11.6 In the event any party hereto shall bring any action or proceeding against any other party (or permitted assignee) in connection with the Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, in addition to any other relief to which that party may be entitled.
11.7 The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you without the prior written consent of Wastexperts, but may be assigned by Wastexperts without restriction. The Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.