IF YOU ARE SIGNING UP TO USE PAYMENT OR OTHER ACCOUNT SERVICES ON A SITE, INCLUDING THE NATIONAL ACCOUNT CUSTOMER PORTAL OR MY RESOURCE SITE (COLLECTIVELY, “ACCOUNT SERVICES”), YOU MUST ALSO READ AND SPECIFICALLY AGREE TO THE ACCOUNT SERVICES TERMS LOCATED AT THE END OF THIS AGREEMENT.
Termination of Access to the Sites. Republic Services reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Sites at any time for any reason without prior notice or liability. Republic Services may change, suspend or discontinue all or any aspect of the Sites at any time, including the availability of any feature, database, information or content without prior notice or liability. You are not authorized to use the Sites in any jurisdiction where the terms of this Agreement are not enforceable. The disclaimers and limitations of liability set forth in this Agreement shall survive any termination.
Changes to the Agreement. Republic Services 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 home page of the Sites. You agree to review the Agreement when we have posted notice of change or modification to the Agreement to be aware of such changes or modifications and your continued use of the Sites after any changes are posted will be considered acceptance of those changes. If you do not agree to the changes, please discontinue your use of the Sites.
Copyright. The design of the Sites include information, software, text, photographs, graphics, links and other material (collectively, “Content”) that are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided through the Sites under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our goods or services) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Sites, any of the Contents, or any related software; (b) you may not access or use the Sites for any competitive or commercial purpose; and (c) you will not permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is strictly prohibited. Republic Services may revoke this limited license at any time for any or no reason. Any unauthorized use of Content, such as framing, inline linking or other association with content or information not originating from the Sites is not permitted. Republic Services will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Trademark. Republic Services will not tolerate any unauthorized use of its trademarks, trade names, logos, names, and trade dress (collectively, “Trademarks and Trade Dress”). Republic Services retains all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. trademark laws and international laws and treaties. No license for the use of the Trademarks and Trade Dress is granted to you under this Agreement or by your use of the Sites. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited. Republic Services has a no tolerance policy regarding use of our Trademarks and Trade Dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Republic Services will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Our Products and Services. All features, specifications, products and prices of products and services described on the Sites are subject to change at any time and without notice. From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Sites. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see specific online order terms and conditions for products and services, as may be applicable from time to time). The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available at any particular time.
User Representations, Warranties And Covenants. You represent, warrant and covenant to Republic Services that:
- You will comply at all times with the terms of this Agreement and all applicable federal, state, provincial and local laws, rules and regulations in your use of the Sites and Account Services;
- You will not use the Sites or Account Services for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates this Agreement;
- You will not, nor will you permit any other person, corporation or entity, without the prior written consent of Republic Services to: (i) copy, duplicate or grant permission to the Sites or use of the Account Services; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Sites or of the Account Services; (iii) decompile or disassemble any software or other component of the Sites or Account Services or any report or document generated therefrom; (iv) engage in any reverse engineering; (v) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Sites or Account Services; (vi) export any application provided hereunder or any portion of the Sites or Account Services; (vii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Account Services or directly or indirectly permit any third party to use the Account Services; or (viii) use Republic Services’ name (or any affiliated company’s name) including its URL, trademarks, trade names or other materials in connection with, or to transmit, any "spam." For the purposes of this Agreement, "spam" has the meaning generally understood among Internet users;
- Any transmission of data from your computer equipment or system will be free from: (i) intentionally injurious instructions (e.g. "viruses") that are designed to modify, damage, delete or disable the Sites or the Account Services; (ii) any hidden passwords that permit unauthorized access to the Sites or Account Services data; or (iii) any embedded code that could trigger, shut down or disable the Sites or Account Services;
- You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to access the Sites or use the Account Services and perform your obligations hereunder; and
- If you are using the Account Services, you will implement and maintain adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to the Account Services.
Disclaimer of Warranties and Liability. Although Republic Services uses reasonable efforts to maintain the Sites and Account Services, these are provided to you free of charge, "as is, as available." Please read this disclaimer carefully before using the Sites or Account Services.
YOU AGREE THAT YOUR USE OF THE SITES AND ACCOUNT SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITES OR ACCOUNT SERVICES OR ANY MATERIAL AVAILABLE THROUGH THE SITES OR ACCOUNT SERVICES, YOU DO SO AT YOUR OWN RISK. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to Republic Services.
THE MATERIALS ON THE SITES AND THROUGH THE ACCOUNT SERVICES ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, REPUBLIC SERVICES AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITES OR ACCOUNT SERVICES. NOR DO THEY GUARANTEE THAT THE SITES OR ACCOUNT SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITES, INCLUDING BULLETIN BOARDS OR ACCOUNT SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REPUBLIC SERVICES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES OR IN THE ACCOUNT SERVICES OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT REPUBLIC SERVICES, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL REPUBLIC SERVICES OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANY WAY ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES OR THEIR CONTENT OR THE ACCOUNT SERVICES; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE SITES; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITES OR THROUGH THE ACCOUNT SERVICES; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF REPUBLIC SERVICES IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THE SITES OR ACCOUNT SERVICES, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THESE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR ACCOUNT SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND REPUBLIC SERVICES AND THE SITES OR ACCOUNT SERVICES WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF REPUBLIC SERVICES, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Exchange of Information. In connection with using the Sites or Account Services, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Republic Services does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error and we will not use email services, nor should you, to send sensitive data such as payment card or financial account information.
Links to Third-Party Sites. The Sites may contain links to sites on the Internet that are owned and operated by third parties. You acknowledge that Republic Services is not responsible for the availability of, or the content located on or through, any third-party sites. You should contact the site administrator or Webmaster for those sites if you have any concerns regarding such links or the content located on such sites.
Indemnification. You agree to defend, indemnify and hold harmless Republic Services, Inc., its parents, subsidiaries, affiliates, licensors, licensees and their respective directors, officers, employees and agents for, from and against all liabilities, claims, damages and expenses, including attorneys' fees, arising out of or in connection with your use of the Sites or Account Services, or your violation or alleged violation of the terms of this Agreement. Any indemnified party may participate, at its own expense, in the defense of any matter subject to indemnification by you and you agree to cooperate with such party in the defense of such claim.
Dispute Resolution. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law principles or rules. The parties agree that any disputes arising out of or related in any way to this Agreement (including, specifically the below Account Services Terms), including the breach thereof, shall 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.
Other. 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 provisions 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.
Account Services Terms
FOR ANY SITE ON WHICH YOU SIGN UP TO PARTICIPATE IN OUR ACCOUNT SERVICES, INCLUDING WITHOUT LIMITATION SERVICES PROVIDED THROUGH OUR NATIONAL ACCOUNT CUSTOMER PORTAL AND MY RESOURCE SITE, WITH YOUR ACKNOWLEDGEMENT BELOW, YOU AGREE TO THE ABOVE TERMS AND THE FOLLOWING ADDITIONAL TERMS (ALL OF WHICH TOGETHER ARE THE ACCOUNT SERVICES TERMS):
Each time you enter in a login ID and password and/or access the Account Services through any means: (1) you represent that you have been authorized to use the Account Services by Republic Services; (2) you represent that you are the user assigned to use the login ID and password that is accessing the Account Services; and (3) you agree to be bound by this Agreement. Use of the Account Services is restricted to you and your authorized users. Unauthorized use of the Account Services including, but not limited to, unauthorized entry into the Account Services, misuse of passwords, or misuse of any information within the Account Services is strictly prohibited. Republic Services 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 home page of the Sites. You agree to review the Agreement when we have posted notice of change or modification to the Agreement to be aware of such changes or modifications and your continued access or use of the Account Services after any changes are posted will be considered acceptance of those changes. If you do not agree to the changes, please discontinue your use of the Account Services. Republic Services may in its sole discretion and at any time terminate or suspend your use of or access to the Account Services. You are not authorized to use the Account Services in any jurisdiction where the terms of this Agreement are not enforceable.
Authentication And Authorization For Account Services Usage.
- The Account Services incorporate commercially reasonable methods to authenticate the information that you have supplied for making a payment (if applicable) through the Account Services. You will not be able to submit a payment until the Account Services authenticate you.
- As the user of the Account Services, and upon your acceptance of this Agreement and use of payment services (if applicable) as part of the Account Services (“Payment Services”), you will have submitted your banking account or credit card account (your "Designated Account") information. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Account Services, including the Payment Services.
- The Payment Services may be used for payment on both consumer and commercial accounts.
- If the Designated Account is a banking or credit card account for your business, then it must be one for which you are a properly authorized signer.
- It is prohibited for any commercial third party payment processor or remitter to use the Account Services (including the Payment Services) to submit for processing any payment for a Republic Services account. This includes, but is not limited to, commercial third party payment processors or remitters submitting payments for or on behalf of Republic Services account holders. Such use will be deemed a breach of this Agreement and Republic Services shall be entitled to exercise all remedies available at law or in equity for the breach.
- By accepting this Agreement, you authorize Republic Services to initiate a charge to your Designated Account according to your instructions as noted below under Use of Payment Services. Each time you use the Payment Services to pay your Republic Services statement, you will be reauthorizing us to charge your Designated Account.
Use of Payment Services. By providing Republic Services with the account information for your Designated Account, you authorize us to follow the payment instructions we receive from you through the Payment Services. When you use the Payment Services to send us a payment instruction, you authorize Republic Services to initiate a message to your bank or credit card provider to charge your Designated Account and to send those funds to us for payment on your Republic Services account so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction. If your payment is received after the due date of the invoice, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us before the due date, then you will remain responsible for any late charges and interest assessed, the same as if you mailed your payment to us and we received it after the due date. This would be true even if you are unable to access the system due to problems with the Internet, or our servers being temporarily unavailable. Therefore, we recommend that you instruct us through the Payment Services to initiate each payment to us at least four (4) business days before the actual due date. (Business days are Monday through Friday, except for federal banking holidays). If you use the Payment Services to send us your payment instructions after 5:00 P.M. (Central Time Zone) on a business day, then the Payment Services will treat your instruction as if it was received on the following day. It is the day we receive payment from you, and not the day we receive your instructions, that determines whether your payment was timely received.
Use of Paperless Invoice Service. You may elect to use Republic Services’ paperless invoice service through your account. Once elected, your invoices will only be posted to your account and available through the Account Services. You must provide a valid email address that we will use to provide notice that your invoice has been posted. The invoice is considered delivered when it is electronically posted to your account. It is your responsibility to check on the delivery of new electronic invoices in your account and make timely payment. Republic Services has no liability in the event an email notice of invoice posting is not received by you for any reason, including the failure of Republic Services to send the email notice.
Republic Services reserves the right to cancel the presentment of electronic invoices at any time and for any reason. You may cancel paperless invoices at any time through the Account Services or by calling the customer service number provided through the Account Services.
To receive and retain electronic invoices or to print such invoices, notices or this Agreement, you must, at your own expense: i) have a device with an internet connection; ii) maintain a working email address; iii) have a PDF reader; and iv) have a printer. You may also request a paper copy of your invoice by calling the customer service number provided through the Account Services.
This Agreement, including use of paperless invoices, does not affect or alter the other agreements you have with Republic Services for its services or your payment obligations under those agreements.
ACKNOWLEDGEMENT OF A CONSUMER USER. This Agreement is the complete and exclusive statement of the agreement regarding the Account Services, which includes the Payment Services (when applicable), between you and Republic Services. It supersedes any proposal or prior agreement, oral or written, and any other communications between you and Republic Services relating to the Account Services. If there is a conflict between what a Republic Services employee tells you and the terms of this Agreement, the terms of this Agreement will prevail.
ADDITIONAL TERMS SPECIFIC TO COMPANIES USING THE REPUBLIC SERVICES NATIONAL ACCOUNT CUSTOMER PORTAL AND MY RESOURCE SITE, AND ACKNOWLEDGEMENT AND AGREEMENT OF COMPANY REPRESENTATIVES USING THOSE SITES: If a company elects to use the Republic Services National Account Customer Portal (“Portal”) or the Republic Services My Resource site (“My Resource”), whether the company is a national account customer, other customer, vendor or business partner of Republic Services, then use of the Portal or My Resource by that company (each, a “Company User”) and any employee or other representative of the Company User making use of the Portal or My Resource (each, a “Company User Representative”) is also subject to the terms of the agreement between Republic Services and the Company User on a separate account sign-up page. Both here and on the separate account sign-up page, the Company User agrees to the following:
User of the Portal or My Resource through the Company User: If you are a user of the Portal or My Resource through a Company User, prior to using the Portal or My Resource, as applicable, you acknowledge and agree to the following:
THE FOLLOWING TERMS APPLY TO CONSUMER USERS, COMPANY USERS AND COMPANY USER REPRESENTATIVES:
You should print and retain this document for safekeeping and reference at any time during usage of the Account Services.
By accepting these Account Services Terms, you represent and warrant that:
- You are 18 years old or older;
- You are using your actual identity and any information you provide is accurate and complete;
- You are legally authorized to make payments (if applicable) using your Designated Account;
- Your use of the Account Services, including the Payment Services (if applicable), will not violate any local, state, national or international laws or regulations.