When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Sites. 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.
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of CWS, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of CWS, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other "hidden text" utilizing CWS’s or its affiliates’ name or Trademarks without the express written consent of CWS, its affiliates, or third-party licensors. All rights reserved.
Sites Materials. All Trademarks, and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of CWS, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of CWS, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of CWS or its affiliates without the express written consent of CWS.
You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.
If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. CWS and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
SUBMITTING OR POSTING CONTENT
The Sites may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Sites or others ("Post"; Posting or "Postings"). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.
Postings do not reflect the views of CWS or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, CWS reserves the right to remove any Posting from the Sites.
NO ENDORSEMENT OF THIRD PARTY SITES
The Sites may contain links to or references to third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall CWS be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. CWS also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.
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 CWS’s General Counsel. Our General Counsel can be reached via U.S. Mail at: CWS General Counsel, 1211 Embarcadero, Suite 300.
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. CWS will remove or disable access to the content that is alleged to be infringing;
2. CWS will forward the written notification to the alleged infringer; and
3. CWS 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 CWS, the alleged infringer will have the opportunity to respond to CWS with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to CWS’s 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 CWS 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.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding any CWS Sites, please send an e-mail to OaklandCS@calwaste.com. You may also contact us by writing to California Waste Solutions, Inc., 1211 Embarcadero, Suite 300, Oakland, CA 94606, Attn: Legal. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
TERMINATION / REMOVAL
DISCLAIMER OF WARRANTIES
CWS and its affiliates attempt to be as accurate as possible. However, CWS does not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. Neither CWS nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THE SITES ARE PROVIDED BY CWS AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CWS, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CWS AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM CWS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CWS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CWS, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. CWS AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.
CWS AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. CWS AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF "COOKIES" AND TRACKING TECHNOLOGY. CWS AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY (“WEB TRACKING TECHNOLOGY”), TO ENABLE CWS TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. CWS MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITES OR BY CWS’S THIRD-PARTY SERVICE PROVIDERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL CWS, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, CWS’S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF CWS OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CWS, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.
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 Sites, 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. CWS 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
Each party hereby consents (a) to the exclusive jurisdiction of the courts in Alameda County, California for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
SITE GOVERNANCE AND SEVERABILITY