Special Waste Terms and Conditions
Terms of Use Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY.
THE TERMS OF USE CONTAIN A CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THE TERMS, YOU AGREE TO GIVE UP THE RIGHT TO GO TO COURT AS PART OF A CLASS ACTION. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY.
1. OVERVIEW
These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the websites (collectively, the "Site") and other interactive properties for Waste Connections - Responsible Special Waste Disposal, including, but not limited to mobile applications and mobile-focused websites (collectively, the “Applications,” together with the Site, the “Interface”) for Waste Connections, Inc. and its subsidiaries and/or affiliates ("WCI" or "we" or similar references) and the content and services (individually and collectively, the "Services") found at the Interface. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts these Terms of Use by using the Interface or the Services found at any Interface. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "user" or "customer" shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
We may modify these Terms of Use at any time, and if we do, we will notify you by email or by posting the modified Terms of Use. Please review any modified Terms of Use before you continue using the Services and/or Interface. If you continue to use the Services and/or Interface, you are bound by the modified Terms of Use. If you do not agree to be bound by the modified Terms of Use, then you may not use the Services and/or Interface. By using any of our Services and/or Interface, you represent that you are at least 18 years old, and that all information you submit is correct.
If you breach these Terms of Use we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services. You acknowledge that we have no obligation to, and will not, reimburse or refund you for Services or other purchases.
2. SITE CONTENT
The content on the Interface and the Services found at the Interface, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein ("WCI Content"), are owned by or licensed to WCI, and are subject to copyright, trademark, and/or patent protection in Canada, the United States and foreign countries, and other intellectual property rights under Canadian, United States and foreign laws.
You acknowledge that all copyrights and other intellectual property rights in the WCI Content are owned by us and/or applicable third-parties to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of our services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us and/or applicable third-parties and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
The WCI Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of WCI. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. WCI reserves all rights not expressly granted in and to the WCI Content, the Interface and the Services found at the Interface, and these Terms of Use do not transfer ownership of any of these rights. The WCI Content may not be copied, recorded, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from WCI, and you specifically agree not to do so without WCI's prior written permission.
3. USE OF THE INTERFACE AND SERVICES
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Interface or the Services (including without limitation those features that prevent or restrict use or copying of any WCI Content) or enforce limitations on the use of the Interface or the Services or the WCI Content therein.
You may not use the Interface or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Interface’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Interface; (ii) introduces a virus or other harmful component to the Interface; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Interface or (vi) results in the harvesting of any information concerning other users of the Site.
In addition, you will not use the Interface or the Services in any manner that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iii) promotes, encourages or engages in child pornography or the exploitation of children; (iv) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (v) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another user or any other person or entity; (vii) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; (viii) contains false or deceptive language, or unsubstantiated or comparative claims, regarding WCC, the Interface or the Services.
WCI may change, suspend or discontinue any aspect of the Interface at any time, including the availability of any Interface feature, Services or WCI Content (including without limitation prices and fees for the same). WCI may also impose limits on certain features and services or restrict your access to parts or the entire Interface without notice or liability.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Interface. Computer viruses or other destructive programs may also be inadvertently downloaded from the Interface and Services.
You agree that your use of the Services and Interface is at your own risk, and that you will not use the Services and Interface to violate any applicable law, regulation, policies, or instructions as outlined in these Terms of Use and you will not encourage or enable any other individual to do so. Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall the we or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Services, Interface, or any parts thereof.
You agree to indemnify and hold harmless WCI and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services and Interface, you release WCI (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. ACCOUNTS
In order to utilize certain Interface Services, you will be asked to create an account ("Account") by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (The Interface’s Privacy Policy explains how such information may be collected and used). When you use Services from WCI on the Interface, you accept these Terms of Use and the specific terms applicable to those Services. Neither WCI nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Interface.
When you create your Account you may be asked for your home telephone and mobile telephone number so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers to WCI you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of WCI regarding importation information about your service and account, and to provide special offers to our customers to the telephone number(s) provided.
Account Holders must be 18 years or older, have properly registered and have a waste or recycling services account with WCI (an "Account Holder"). An account is available only to users who have completed the information required by the Site's or Application’s enrollment form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s or Application’s enrollment form, as applicable. WCI reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
If you register for any feature that requires a password, account, and/or username, then you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. We may reject the use of any password, username, or email address for any other reason in our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms of Use, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
5. LINKING
The Interface may contain links and pointers to other websites, mobile applications and resources. Links to and from the Interface to other web sites or mobile applications maintained by third parties, do not constitute an endorsement by WCI or any of its affiliates of any third party website, mobile application or content. WCI is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its website administrator or webmaster.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE INTERFACE, SERVICES AND WCI CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE INTERFACE, SERVICES AND WCI CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WCI BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE INTERFACE FAILING TO OPERATE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE INTERFACE; (3) VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE INTERFACE CONTENT.
IN NO EVENT SHALL WCI BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE INTERFACE.
IN NO EVENT SHALL WCI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, REMOTE OR SPECULATIVE DAMAGES OR DAMAGES FOR LOST PROFITS, LOST DATA (INCLUDING, WITHOUT LIMITATION ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WCI) OR LOSS OF USE ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE INTERFACE, SERVICES OR WCI CONTENT.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF WCI IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WCI, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING SERVICES FOR THE INTERFACE OR THE SERVICES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OR INABILITY TO USE THE INTERFACE, SERVICES OR WCI CONTENT WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WCI IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY OR IN ANY EVENT WCI’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.
7. INTERNATIONAL USE
We make no representation that information on the Interface is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
All WCI trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Interface, the Services and WCI Content are the sole and exclusive property of WCI. You may not copy or use any of WCI's marks or any marks confusingly similar to WCI's marks without the prior written consent of WCI, nor may you use WCI's marks in any manner that discredits or disparages WCI. All other trademarks not owned by WCI that appear on the Interface, the Services or the WCI Content are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by WCI.
You may not frame or utilize framing techniques to enclose any WCI Content (including images, text, page layout, and forms) without WCI’s prior written consent. You may not use any metatags or any other "hidden text" utilizing our names, trademarks, trade names, logos, slogans and other identifying marks appearing on the Interface without the prior written consent of WCI. You may not use our names, trademarks, trade names, logos, slogans, and other identifying marks appearing on the Interface as any part of a link without the prior written consent of WCI. Any unauthorized use terminates any license or permission granted by WCI. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the Interface, Services or WCI Content.
Except for personal information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, and may be used by us for any purpose without restriction or obligation.
9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. To the best of our knowledge, the content that appears on our Services and Interface does not infringe the copyrights of others.
However, if you believe that any content has been posted on the Interface or Services in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
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. A description of the copyrighted work(s) claimed to have been infringed;
3. A description of the material on the Interface that is claimed to be infringed 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;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If you believe that we improperly removed or disabled content or materials you posted, uploaded or submitted to the Services or Interface, please provide the following to us for further detail:
1. Your physical or electronic signature.
2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
WCI's designated Copyright Agent for notice of claims of copyright infringement is:
Waste Connections US, Inc.
3 Waterway Square Place, Suite 110
The Woodlands, TX 77380
Attention: General Counsel
(832) 442-2200
10. INDEMNIFICATION
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You hereby agree to indemnify and hold WCI and its shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Interface, Services or WCI Content (except to the extent such claims are due solely to WCI’s wrongful conduct) or (B) any alleged breach of these Terms of Use by you.
You agree to reimburse WCI on demand for any defense costs incurred by WCI and any payments made or loss suffered by WCI, whether in a court judgment or settlement, based on any matter covered by this Section.
11. TERMINATION
WCI may change, suspend or discontinue any aspect of the Interface at any time, including the availability of any Interface feature, database, or content. WCI may also impose limits on certain features and services or restrict your access to parts or the entire Interface without notice or liability at any time in WCI's exclusive discretion, without prejudice to any legal or equitable remedies available to WCI, for any reason or purpose, including, but not limited to, conduct that WCI believes violates these Terms of Use or other policies or guidelines posted on the Interface or conduct which WCI believes is harmful to other customers, to WCI's business, or to other information providers. In addition, these Terms of Use may be immediately terminated at any time by WCI in its sole discretion. In addition and without prejudice to any other remedy available to WCI, WCI may immediately terminate your ability to use the Interface, Services and WCI Content if you breach any term of these Terms of Use.
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES; CLASS ACTION WAIVER
These Terms of Use will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Montgomery County, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. WCI will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WCI 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 ACTION. Unless both you and WCI agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
13. PRIVACY POLICY
The Site is a United States web site, the Application is a United States mobile application and each are subject to United States law. WCI's collection, use and disclosure of personally identifiable information collected via the Interface or Services is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any WCI Site and within any WCI Application. You acknowledge and agree that WCI's Privacy Policy is incorporated into these Terms of Use.
14. MISCELLANEOUS
These Terms of Use constitutes the entire terms of use between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. If any term in these Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms of Use are for convenience only and must not be given any legal import.
You may not, without the prior written consent of WCI, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. We, however, may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms of Use.
The Interface may contain typographical errors or inaccuracies and may not be complete or current. WCI reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
By using the Interface, you signify your agreement to the terms of these Terms of Use. If you do not agree to the terms in these Terms of Use, you must not use the Interface. WCI may change the terms of these Terms of Use at any time, and your use of the Site after such changes are posted will mean that you accept them. We may issue an amended Terms of Use, Privacy Policy, or other related agreements at any time in our sole discretion by posting the amended Terms of Use, Privacy Policy, or related agreement on our website or by providing you with digital access to amended versions of any of these documents. If any amendment to these Terms of Use, Privacy Policy, or related agreement is not acceptable to you, you may terminate this agreement and must stop using our Services and Interface. Your continued use of the Services or Interface will demonstrate your acceptance of the amended Terms of Use, Privacy Policy, or related agreement
WCI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Terms of Use shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to these Terms of Use and duly signed by WCI.
LAST UPDATED: December 21, 2021
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