Terms and Conditions of Use   1. General. These terms and conditions constitute an agreement with Allied Waste Industries, Inc. (“Allied Waste”) governing your use of this website (the "Site"). Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site at any time. This agreement, together with any such additional terms and conditions, are referred to as this "Agreement." Allied Waste reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. By accessing and using this Site, you agree to be bound by this Agreement. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable. 2. Use of the Site. You may use the Site for obtaining information regarding Allied Waste and its special and industrial waste services. Any waste disposal services provided by Allied Waste is subject to a written agreement between Allied Waste and the customer. The Site also contains regulatory and other information collected by Allied Waste. The information provided on this Site is not intended to be comprehensive, may not be current, and does not cover all issues related to special and industrial waste. Allied Waste makes no representations regarding the accuracy of, or the effect of any regulatory amendments on, information summarized on this Site or any linked site. You should consult legal counsel regarding regulatory compliance. 3. Information on the Site. The Site includes information, software, text, photographs, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Allied Waste, or third parties. The Site is copyrighted as a collective work of Allied Waste pursuant to applicable copyright law. Allied Waste grants you a limited nonexclusive license to use the information on the Site for your internal use. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, frame in another web page, reproduce or in any way exploit the Site or any of the information contained on the Site, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law. 4. Registration. To use portions of the Site, you must be registered. You agree to provide true and accurate information in connection with your registration and to promptly notify Allied Waste of any changes in the registration information. You are fully liable for all use of the Site accessed through your registration information, including any use by a user not authorized by you who accesses the Site using your registration information. You should promptly notify Allied Waste of any unauthorized use of your registration information or other breach of security. 5. Exchange of Information. In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Allied Waste does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error. 6. Links to Third-Party Sites. The Site may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that Allied Waste is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Content located on such External Sites. 6. Conduct of Users. Allied Waste is not responsible for any content posted on the Site by other users. You are responsible for all content that you upload, post or email using the Site. You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Site (e) interferes with or disrupts the Site, (f) harass another user or (g) otherwise violates any applicable law. Allied Waste has the right in its sole discretion to remove any content on the Site, including but not limited to content that violates this Agreement or is otherwise objectionable. Allied Waste does not represent or endorse the content posted on the Site by others and any reliance on such content is at your own risk. Content placed on the Site does not necessarily represent the views of Allied Waste. 7. Indemnity. You agree to indemnify, defend and hold harmless Allied Waste and their respective affiliates members, officers, directors, owners, agents, information providers and licensors (each an "Indemnified Party" and a third party beneficiary of this Agreement) for, from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any use or alleged use of the Site by you or any person using your registration information, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim. 8. Termination of Access to the Site. Allied Waste reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. Allied Waste may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, information or content without prior notice or liability. 9. Privacy and Security. You may use portions of this Site without registering or providing personal information. In that event, we may collect non-personal information regarding access by users and activities on the Site. This information allows us to provide services and features that better meet your needs. To access certain portions the Site, you must provide personal data including contact information. You must be over 18 to register and use the Site. We will not intentionally collect or use personal information from users that we have reason to believe are under 18 years of age. The data collected by Allied Waste is used to analyze use, administer the site and, in the aggregate, to provide demographic information about the users of the Site to improve Allied Waste’s services. We may from time to time also use information for market research or to provide certain information to you. In such event, we will give you the opportunity to opt out of the use of your personal information for this purpose. We can, and you authorize us to, disclose any information about you to law enforcement or other government officials as required or as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement or other activity ant may expose us or you to legal liability. Otherwise, we do not provide personal information to others without your permission. Allied Waste uses reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to authorized users. We are not, however, responsible for any breach of security or for any actions of any third parties that receive the information. Information transferred to and from the site is not encrypted. We cannot guarantee that information submitted by you will not be subject to loss, misuse or alteration. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the Site. You may not access information not intended for your use or access. Allied Waster may link to other sites. We are not responsible for their privacy policies or how they treat information about their users. Even if we are affiliated with a third-party and its site, we have no authority over the linked sites, their security procedures or data collection policies. Allied Waste has no responsibility or liability for actions of the linked sites and you should only access linked sites at your own risk. 10. No Warranty. NEITHER ALLIED WASTE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ALLIED WASTE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ALLIED WASTE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER ALLIED WASTE, NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. 11. Limitation of Liability. IN NO EVENT SHALL ALLIED WASTE, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, RESULTING FROM OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE INCLUDING THE CONTENT REGARDLESS OF ANY NEGLIGENCE BY ALLIED WASTE, ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL THE LIABILITY OF ALLIED WASTE, ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND ALLIED WASTE AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ALLIED WASTE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 12. Dispute Resolution. This Agreement shall be construed in accordance with the laws of the State of Arizona. The parties agree that any disputes arising out of or related in any way to this Agreement, including the breach thereof, shall, subject to the mediation provision set forth below, be filed in the state or federal courts in Maricopa County, Arizona. The parties agree that the laws of the State of Arizona shall govern any such dispute and they consent and agree to the jurisdiction of the Arizona courts. Neither party will argue or contend that it is not subject to the jurisdiction of the Arizona courts or that venue in Maricopa County, Arizona, is improper. The parties agree to waive any right to a trial by jury in any such dispute and that the matter will be tried solely to the court. The parties understand that they are giving up valuable legal rights under this provision, including the right to trial by jury, and that they voluntarily and knowingly waive those rights. If a dispute arises out of or relates to this Agreement, the relationships that result from the Agreement or the breach thereof and, if the dispute cannot be settled through negotiation, the parties will attempt in good faith to agree on a neutral mediator to resolve the dispute. The mediation will follow the procedures set forth in the American Arbitration Association Commercial Mediation Rules. If the parties cannot agree on a mediator, they will submit the dispute for mediation to be administered by the American Arbitration Association under the Commercial Mediation Rules before resorting to [arbitration or litigation – insert appropriate for the agreement]. Neither party may commence or pursue [litigation or arbitration as appropriate] until this non-binding mediation has been conducted and concluded. The parties agree that, upon initiating mediation, they will agree with the mediator on a time at least five days before the mediation to submit and exchange with one another detailed position papers. The position papers shall include a factual recitation of the dispute, each party’s position on the facts and the law, the party’s assessment of the likely outcome and its/their position on settlement. 13. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. 14. Copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Allied Waste’s copyright agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; 6. 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 owners behalf. Allied Waste’s Copyright Agent for Notice of claims of copyright infringement can be reached at: By Mail:            Corporate Counsil            15880 N. Greenway-Hayden Loop             Scottsdale, AZ 85260 By Telephone: 480.627.2700