IMPORTANT-READ CAREFULLY:
YOUR USE OF THE PALO VERDE VALLEY DISPOSAL WEBSITE, PALO VERDE VALLEY
DISPOSAL SERVICES AND ASSOCIATED SOFTWARE (THE "SERVICES")
IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
This is a legal agreement between you (either an individual or entity) and Palo
Verde Valley Disposal. ("Palo Verde Valley Disposal"), for use of the Services, media, printed
materials, and "online" or electronic documentation. You agree to be
bound by and become a party to all the terms of this Agreement by joining, or
initiating a meeting supported by the Services.
If you do not agree with the terms of this Agreement, do not use, or join any
meeting supported by, the Services.
Any software associated with the Services is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties.
1. PRIVACY. Palo Verde Valley Disposal's privacy policy is described on the Palo Verde Valley Disposal website.
Please consult it to learn Palo Verde Valley Disposal's current policies to protect the privacy
of your information.
2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are
solely responsible for the content of all visual, written or audible communications
sent by you. You agree that you will not use the Services to send unsolicited
mass mailings outside your company or organization. You further agree not to
use the Services to communicate any message or material that is harassing, libelous,
threatening, obscene, indecent, would violate the intellectual property rights
of any party or is otherwise unlawful, that would give rise to civil liability,
or that constitutes or encourages conduct that could constitute a criminal offense,
under any applicable law or regulation. Although Palo Verde Valley Disposal is not responsible
for any such communications, Palo Verde Valley Disposal may delete any such communications of
which Palo Verde Valley Disposal becomes aware, at any time without notice to you.
3. RIGHT TO USE. Subject to the terms and conditions of this Agreement, Palo Verde Valley Disposal
grants you only the right to use the Services, in accordance with this Agreement.
You receive no rights to, modify, or reproduce, the Services or any associated
software.
4. NO COMMERCIAL USE. Other than using the Services for conferences or meetings
in which you are an active participant, and as permitted under the terms and
conditions of this Agreement or other written agreements between you and Palo Verde Valley Disposal, you may not resell, distribute, make any commercial use of, use on a
timeshare or service bureau basis, or use to operate a Web-site or otherwise
generate income from the Services.
5. COPYRIGHT. Palo Verde Valley Disposal and/or its suppliers, as applicable, retain ownership
of all proprietary rights notices and marks in, or displayed by, the Services.
You will not remove, deface or obscure any of Palo Verde Valley Disposal's or its suppliers'
copyright or trademark notices and/or legends or other proprietary notices on,
incorporated therein, or associated with the Services.
6. TERMINATION. You may terminate this Agreement at any time by providing a 30
day written notice to Palo Verde Valley Disposal. If you fail to comply with any term of this
Agreement, Palo Verde Valley Disposal may terminate this Agreement without notice. All Sections,
except Section 3, "RIGHT TO USE" shall survive any termination of this
Agreement. Upon any termination of this Agreement, you must cease any further
use of the Services and destroy any copies of associated software within your
possession and control.
7. RESTRICTED RIGHTS. The Services and/or any associated software or documentation,
is provided with Restricted Rights, in accordance with DFARS section 227.7202
and its subparagraphs. You acknowledge that if you are using the services as
a representative, employee or agent of the Department of Defense or other governmental
entity of any country or state, that the Services or portion thereof is classified,
in accordance with 252.227-7014, as "Commercial Computer Software" and
any documentation included in or with the Services, is classified as "Commercial
Computer Software Documentation", both of which were "Developed exclusively
at private expense" by Palo Verde Valley Disposal, 14701 South Broadway
Blythe, CA 92225. You receive no rights to, modify, or reproduce, the Services
or any associated software.
8. EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof
may be subject to the export control laws of the United States. You will not
export, re-export, divert, transfer or disclose any portion of the Services or
any related technical information or materials, directly or indirectly, in violation
of any applicable export law or regulation
9. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to
this Agreement, or any transfer, sublicensing, copying or disclosure of technical
information or materials related to the Services, may cause irreparable injury
to Palo Verde Valley Disposal, its affiliates, suppliers and any other party authorized by Palo Verde Valley Disposal to resell, distribute, or promote the Services ("Resellers"),
and under such circumstances Palo Verde Valley Disposal, its affiliates, suppliers and Resellers
will be entitled to equitable relief, without posting bond or other security,
including, but not limited to, preliminary and permanent injunctive relief.
10. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS
IS" AND Palo Verde Valley Disposal, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Palo Verde Valley Disposal, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES,
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING
ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL
MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM
THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless
Palo Verde Valley Disposal, its affiliates, officers, directors, employees, consultants, agents,
suppliers and Resellers from any and all third party claims, liability, damages
and/or costs (including, but not limited to, attorneys fees) arising from your
use of the Services, your violation of this Agreement or the infringement or
violation by you or any other user of your account, of any intellectual property
or other right of any person or entity. Without limiting the foregoing, the Services
are not designed or licensed for use in hazardous environments requiring fail-safe
controls, including without limitation operation of nuclear facilities, aircraft
navigation/communication systems, air traffic control, and life support or weapons
systems. Without limiting the generality of the foregoing, Palo Verde Valley Disposal, its affiliates,
suppliers and Resellers specifically disclaim any express or implied warranty
of fitness for such purposes.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL PALO VERDE VALLEY DISPOSAL OR ITS AFFILIATES, SUPPLIERS OR
RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES
WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF
OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN
TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PALO
VERDE VALLEY DISPOSAL, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, PALO VERDE VALLEY DISPOSAL'S, ITS AFFILIATES', SUPPLIERS'
AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY
CLAIMS ARISING
OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SERVICES (IF ANY). Because some states and jurisdictions do not
allow the exclusion or limitation of liability, the above limitation may not
apply to you.
12. MISCELLANEOUS
12.1 Choice of Law and Forum. This Agreement shall be governed by and construed
under the laws of the State of California, U.S.A., exclusive of its choice of
law principles. The parties consent to the exclusive jurisdiction and venue of
the courts located in and serving Riverside County, California.
12.2 Waiver and Severability. Failure by either party to exercise any of its
rights under, or to enforce any provision of, this Agreement will not be deemed
a waiver or forfeiture of such rights or ability to enforce such provision. If
any provision of this Agreement is held by a court of competent jurisdiction
to be illegal, invalid or unenforceable, that provision will be amended to achieve
as nearly as possible the same economic effect of the original provision and
the remainder of this Agreement will remain in full force and effect.
12.3 General Provisions. This Agreement embodies the entire understanding and
agreement between the parties respecting the subject matter of this Agreement
and supersedes any and all prior understandings and agreements between the parties
respecting such subject matter. Palo Verde Valley Disposal may change the terms of this Agreement
at any time by posting modified terms on its website. This Agreement has been
prepared in the English Language and such version shall be controlling in all
respects and any non-English version of this Agreement is solely for accommodation
purposes. All notices or other correspondence to Palo Verde Valley Disposal under this Agreement
must be sent to the address provided in Section 7 above, or other address as
provided by Palo Verde Valley Disposal for such purpose. Any and all rights and remedies of
Palo Verde Valley Disposal upon your breach or other default under this Agreement will be deemed
cumulative and not exclusive of any other right or remedy conferred by this Agreement
or by law or equity on Palo Verde Valley Disposal, and the exercise of any one remedy will not
preclude the exercise of any other. The captions and headings appearing in this
Agreement are for reference only and will not be considered in construing this
Agreement. |
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