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Terms & Conditions
1. CONTRACTUAL RELATIONSHIP
These Terms of Use (“Terms“) govern the access or use by you, either as an individual or a business user (“you”), of certain services provided by Universal Waste Disposal Company. (“Universal Waste Disposal”). The services include a smartphone or other mobile device-based application that allows residential homeowners and employees of small and mid-size businesses to schedule pick-ups of Waste and Recyclable Materials (as defined in Section 4) by haulers identified by Universal Waste Disposal (the “Service”). As used in these Terms, “you” refers to you individually and/or the company or other legal entity on behalf of which you are entering into these Terms. If you are using the Services or Application on behalf of a company or other legal entity, you hereby represent and warrant that you are an employee of the company and that you have the legal capacity and authority to bind the company or legal entity to these Terms. Upon any request from Universal Waste Disposal, you will provide Universal Waste Disposal with information about the company or legal entity.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS IF YOU DO EITHER OF THE FOLLOWING: (1) DOWNLOAD THE APPLICATION FOR THE SERVICE FROM THE APPLE STORE, GOOGLE PLAY, AMAZON OR ANY OTHER ONLINE APP STORE, OR (2) USE OR ATTEMPT TO USE THE SERVICE. IF YOU DO NOT AGREE WITH THE THESE TERMS, AND THE CONTRACT FORMED BETWEEN YOU AND UNIVERSAL WASTE DISPOSAL THROUGH YOUR ACCEPTANCE OF THESE TERMS, DO NOT DOWNLOAD THE APP OR USE THE SERVICE.
Universal Waste Disposal may change or supplement these Terms (“Updates”). Universal Waste Disposal will post all Updates on its website located at http://UniversalWasteDisposal.com and amend the “Last Updated” date listed above. You agree to check this webpage from time to time for Updates. Your continued access or use of the Service after Universal Waste Disposal posts an Update constitutes your consent to be bound by the Terms, as updated.
Universal Waste Disposal’s collection and use of personal information in connection with the Service is as provided in Universal Waste Disposal’s Privacy Policy located at http://UniversalWasteDisposal.com/privacy-policy.
2. THE SERVICES
The Service constitutes a technology platform that enables individual and business users of Universal Waste Disposal’s mobile application or website provided as part of the Service (each, an “Application“) to arrange and schedule pick-ups of Waste and Recyclable Materials at the user’s residence or business location with certain third party, hauling companies that are (or will be) under contract with Universal Waste Disposal (“Haulers”). YOU ACKNOWLEDGE THAT UNIVERSAL WASTE DISPOSAL ITSELF IS NOT A HAULER AND DOES NOT OWN OR OPERATE HAULING TRUCKS OR OWN ANY LANDFILLS. CONTAINERS ARE DELIVERED ON THE FIRST DAY OF THE START OF SERVICES UNDER THE CONTRACT WITH CUSTOMER, AND DELIVERY FEES MAY APPLY.
3. LICENSE
Subject to your compliance with these Terms, Universal Waste Disposal grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service. The only rights and licenses you receive in connection with the Service are the rights expressly granted in these Terms.
4. RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Universal Waste Disposal; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; or (vii) use the Service to schedule a pickup of Prohibited Materials or in violation of any applicable law, including all Environmental Laws.
5. ENVIRONMENTAL REPRESENTATIONS & WARRANTIES
In using the Service, you warrant to Universal Waste Disposal that: (i) you are providing only Waste Materials for collection, (ii) you are not providing Prohibited Materials for collection; and (iii) you are and will remain in compliance with all Environmental Laws. As used in these Terms, the following terms are defined as below:
(1) “Environmental Law” means all applicable federal, state and local laws and regulations and common law concerning solid or hazardous waste, toxic or hazardous substances or materials, pollution, or protection of human health and safety or the environment, including without limitation the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §2601 et seq.), and the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 6901 et seq.).
(2) “Medical Waste” means any material or waste that is or potentially may be infectious, biohazardous, biomedical, or any other “medical” or similar waste regulated under any Environmental Laws, including without limitation: medical wastes requiring treatment prior to disposal, “red bag” medical waste, blood-soaked bandages, culture dishes and other glassware, discarded surgical gloves, discarded surgical instruments, discarded needles (e.g., medical sharps), cultures, stocks, swabs used to inoculate cultures, removed body organs, and discarded lancets. For avoidance of doubt, Medical Waste is a Prohibited Material under these Terms.
(3) “Prohibited Material” means: (a) any Special Waste not expressly approved in writing by Universal Waste Disposal, and (b) any materials or substances that are hazardous, toxic, explosive, flammable, radioactive, infectious, or which cannot lawfully be disposed of in a “Subtitle D” landfill, including without limitation, (i) any material considered a “hazardous waste” under the Resource Conservation And Recovery Act (42 U.S.C. § 6901 et seq.), (ii) PCBs, (iii) asbestos, (iv) diesel fuel, gasoline, or other petroleum products or hydrocarbons, (v) Medical Waste, medications or pharmaceuticals, (vi) any other material or substance that is hazardous or toxic, and which would form the basis of any claim, under any Environmental Laws, and (vii) any waste materials contaminated by, mixed with or containing Prohibited Materials.
(4) “Recyclable Material” means approved materials that can be recycled or recovered, and are not intended for disposal, provided further, however, such term specifically excludes Prohibited Materials.
(5) “Special Waste” means used tires, construction and demolition (C&D) materials, and materials recognized as “universal waste” or as “special waste” under Environmental Laws.
(6) “Waste Material” means non-hazardous solid waste and Recyclable Materials, provided further, however, such term specifically excludes Prohibited Materials.
6. THIRD PARTY SERVICES AND CONTENT
The Service may be made available or accessed in connection with third party services and content (including advertising) that Universal Waste Disposal does not control. You acknowledge that different terms of use and privacy policies may apply to your use of any such third party services and content. Universal Waste Disposal does not endorse any such third party services or content and in no event shall Universal Waste Disposal be responsible or liable for any products or services of third party providers, including any Hauler identified by Universal Waste Disposal. Additionally, Apple Inc., Google, Inc., Microsoft Corporation, Amazon or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Service using a version of the Application developed for Apple iOS, Android, Microsoft Windows, an Amazon device or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service but those third party’s terms and conditions do not limit Universal Waste Disposal’s Terms.
7. OWNERSHIP
The Service and all rights associated with it are and shall remain Universal Waste Disposal’s and Universal Waste Disposal’s licensors’ property. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Universal Waste Disposal’s company names, logos, product and service names, trademarks or services marks or those of Universal Waste Disposal’s licensors.
Title to Waste Materials shall, at the time of collection, transfer directly from you to the Hauler(s) identified by Universal Waste Disposal, provided further, that at Universal Waste Disposal’s option, title to approved Recyclable Materials shall, at the time of collection, pass directly from you to Universal Waste Disposal. Notwithstanding anything to the contrary in these Terms, title to and liability for Prohibited Materials shall at all times remain with client, and Universal Waste Disposal shall not be deemed to own, generate, possess or control any (i) Prohibited Materials, or (ii) Waste Materials for which Universal Waste Disposal has not expressly accepted title in writing.
8. YOUR USE OF THE SERVICES
A. USER ACCOUNTS
In order to use most aspects of the Service, you must register for and maintain an active user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, and if entering into these Terms on behalf of a company or other legal entity, are an employee of that company or legal entity and have the authority to bind that company or legal entity. Account registration requires you to submit to Universal Waste Disposal certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or Universal Waste Disposal’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Universal Waste Disposal in writing, you may only possess one Account.
B. USER REQUIREMENTS AND CONDUCT
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service and you may only use the Service for lawful purposes and in accordance with these Terms. In connection with using the Service, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Hauler or any other party. In certain instances you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity.
C. TEXT MESSAGING
By creating an Account, you agree that Universal Waste Disposal may send you certain messages as to facilitate your use of the Service. You may opt out of receiving these messages from Universal Waste Disposal at any time by contacting Universal Waste Disposal at Hello@UniversalWasteDisposal.com or by changing your settings within the Application. You acknowledge that opting out of receiving these messages may impact your use of the Service.
D. PROMOTIONAL CODES
In its sole discretion, Universal Waste Disposal may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Service and/or a Third Party Provider’s services, subject to any additional terms that Universal Waste Disposal establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Universal Waste Disposal; (iii) may be disabled by Universal Waste Disposal at any time for any reason without liability to Universal Waste Disposal; (iv) may only be used pursuant to the specific terms that Universal Waste Disposal establishes for the Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Universal Waste Disposal reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Universal Waste Disposal determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
E. USER PROVIDED CONTENT
In its sole discretion, Universal Waste Disposal may permit you from time to time to submit, upload, publish or otherwise make available to Universal Waste Disposal through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Universal Waste Disposal, you grant Universal Waste Disposal a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner that User Content in all formats and distribution channels now known or later devised (including in connection with the Service and Universal Waste Disposal’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Universal Waste Disposal the license to the User Content as set forth above; (ii) you have the authority to grant Universal Waste Disposal the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Universal Waste Disposal’s use of the User Content as permitted in these Terms will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, discriminatory, unlawful, or otherwise offensive, as determined by Universal Waste Disposal in its sole discretion, whether or not such material may be protected by law. Universal Waste Disposal may, but shall not be obligated to, review, monitor, or remove User Content, at Universal Waste Disposal’s sole discretion and at any time and for any reason, without notice to you.
F. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Application and any updates to them. Universal Waste Disposal does not guarantee that the Service, or any portion of it, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
9. PAYMENT
A. CHARGES
You understand that use of the Service will result in charges to you for the services you receive from Universal Waste Disposal and the Hauler (“Charges“). In your Account settings in the Application, you may choose to be charged either (i) as you use the Service or (ii) as a recurring monthly fee. If you are using the Service on behalf of a company or other legal entity, Universal Waste Disposal will provide you with further information on how the Services will be charged. If you choose to incur charges as you use the Service, after you have received services through your use of the Service, Universal Waste Disposal will charge you using your preferred payment method designated in your Account, after which you Universal Waste Disposal will send you a receipt by email. If you choose to be charged monthly recurring Charges, all Charges will be paid on a monthly basis at the beginning of the month using your preferred payment method designated in your Account, after which Universal Waste Disposal will send you a receipt by email. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Universal Waste Disposal. If your primary Account payment method is expired, invalid or otherwise cannot be charged, you agree that Universal Waste Disposal may use a secondary payment method in your Account, if available. As between you and Universal Waste Disposal, Universal Waste Disposal reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Service at any time in Universal Waste Disposal’s sole discretion. Further, you acknowledge and agree that Charges may increase due to a change in the size of your requested pick up. Universal Waste Disposal will use commercially reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of the existence or amount of the Charges. Universal Waste Disposal may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Hauler Charges applied to you. You may elect to cancel your request for services from a Hauler at any time up to 48 hours prior to the Hauler’s estimated arrival time, in which case you may be charged a cancellation fee of $100. This payment structure is intended to fully compensate Universal Waste Disposal’s Haulers and Universal Waste Disposal for the services they provide. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your assigned Hauler.
B. REFUND POLICY
If for any reason Universal Waste Disposal cannot provide service to the customer for reasons within Universal Waste Disposal’s control, Universal Waste Disposal may reimburse customer the full amount for service that was not provided as customer’s sole remedy. Refunds will be made to customer in the same manner customer paid for service. Refunds may take up to 30 days to process.
10. TERM AND TERMINATION FOR INDIVIDUAL USERS
A. TERM
These Terms shall commence on the earlier date of when you download or access the Application or use the Service (“Effective Date”) and will continue until terminated by you or Universal Waste Disposal as set forth in this Section 10.
B. TERMINATION
You may terminate these Terms by deleting the Application and all copies thereof from your mobile device. Universal Waste Disposal may terminate these Terms at any time without notice if we cease to support the Application, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
C. EFFECT OF TERMINATION
Upon termination of these Terms, (i) all rights granted to you under these Terms will also terminate, (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device, and (iii) all outstanding Charges shall remain due by you to Universal Waste Disposal. Termination will not limit any of Universal Waste Disposal’s rights or remedies at law or in equity.
11. TERM AND TERMINATION FOR BUSINESS USERS
A. TERM
These Terms shall commence on the start date (“Start Date”) and continue for a period of three (3) years, after which these Terms will continue on a month-to-month basis unless terminated by either you or Universal Waste Disposal in the manner provided in this Section 11. The Start Date of these Terms shall be the later of (i) the Effective Date of this Agreement or (ii) the last day of your current Waste Services Contract Term, if any, plus one (1) day. The Effective Date shall be the earlier of the date that you download or access the Application or use the Service.
B. TERMINATION
These Terms may be terminated by you for convenience by giving Universal Waste Disposal thirty (30) days’ prior written notice of your intent to terminate. Universal Waste Disposal may terminate these Terms at any time without notice if we cease to support the Application, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
C. EFFECT OF TERMINATION
Upon termination of these Terms, (i) all rights granted to you under these Terms will also terminate, (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device, (iii) all outstanding Charges shall remain due by you to Universal Waste Disposal, and (iv) in the event of termination of these Terms by you, you must pay Universal Waste Disposal a cancellation fee (“Cancellation Fee”) in the amount of the price of the services rendered by Universal Waste Disposal to you in the immediately preceding six (6) months before your notice of termination of convenience. Termination will not limit any of Universal Waste Disposal’s rights or remedies at law or in equity.
12. LIMITATIONS OF LIABILITY, REMEDIES
A. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UNIVERSAL WASTE DISPOSAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UNIVERSAL WASTE DISPOSAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UNIVERSAL WASTE DISPOSAL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF HAULERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY
Universal Waste Disposal shall not be liable for damages from any cause whatsoever, regardless of the form of action, whether in contract or in tort, including negligence, strict liability or otherwise, arising from or relating in any manner to any action or failure to act on the part of a Hauler, except to the extent such damages arise out of Universal Waste Disposal’s management of such Services hereunder. Notwithstanding anything to the contrary in this Agreement, Universal Waste Disposal shall not be liable to Client or any third party in connection with any: (i) Prohibited Materials, or (ii) Waste Materials for which Universal Waste Disposal has not expressly accepted title in writing. IN NO EVENT SHALL UNIVERSAL WASTE DISPOSAL OR CLIENT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. In no event shall Universal Waste Disposal’s aggregate liability arising out of or related to these Terms and the provision of the Services, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid by you to Universal Waste Disposal pursuant to these Terms in the six (6) months immediately preceding the event giving rise to the claim.
C. INDEMNITY
Notwithstanding anything to the contrary in these Terms, you shall defend, indemnify, release and hold harmless Universal Waste Disposal and Universal Waste Disposal’s employees, agents, representatives, current or future parent, subsidiaries, and commonly owned affiliates, including without limitation Universal Waste Disposal Company. (collectively, “Universal Waste Disposal Indemnitees”) from and against any and all liabilities arising from or relating to: (a) a breach of these Terms by you or your employees, subcontractors or suppliers, including without limitation any breach or inaccuracy of any representation, covenant or warranty contained herein; (b) Prohibited Materials of or concerning you; (c) any violation by you or your employees, subcontractors or suppliers of (or liability under) any Environmental Laws or any other governmental laws, rules, ordinances, or regulations; or (d) any bodily injury (including death) or damage to real property or tangible personal property arising out of any negligence or willful misconduct of you or your employees, subcontractors or suppliers. Client’s indemnity of Universal Waste Disposal shall survive the termination or expiration of this Agreement.
13. DISPUTE RESOLUTION
A. ARBITRATION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of them or the use of the Service (together, “Disputes”) will be settled by binding arbitration between you and Universal Waste Disposal, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Universal Waste Disposal are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Universal Waste Disposal otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
C. ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
D. ARBITRATION LOCATION AND PROCEDURE
The arbitration shall take place in San Diego, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Universal Waste Disposal submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. ARBITRATOR’S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Universal Waste Disposal will not seek, and Universal Waste Disposal hereby waives all rights Universal Waste Disposal may have under applicable law to recover, attorneys’ fees and expenses if Universal Waste Disposal prevails in arbitration.
F. FEES
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Universal Waste Disposal will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
G. CHANGES
Notwithstanding the provisions of the modification-related provisions above, if Universal Waste Disposal changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Universal Waste Disposal written notice of such rejection by mail or hand delivery to: Universal Waste Disposal Company, Joshua Allen, General Counsel, Attn: Dispute Resolutions, 5694 Mission Center Rd #470, San Diego, CA 92108, or by email from the email address associated with your Account to, within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Universal Waste Disposal in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. OTHER PROVISIONS OF THESE TERMS
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
B. NOTICES
Universal Waste Disposal may give notice by means of a general notice on the Application, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Universal Waste Disposal’s notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Universal Waste Disposal, with such notice deemed given when received by Universal Waste Disposal, at any time by first class mail or pre-paid post to Universal Waste Disposal Company, 5694 Mission Center Rd #470, San Diego, CA 92108, Attn: Joshua Allen, CEO, General Counsel.
C. GENERAL
You may not assign these Terms without Universal Waste Disposal’s prior written approval. Universal Waste Disposal may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Universal Waste Disposal’s equity, business or assets; (iii) a successor by merger; or (iv) for the benefit of creditors. Any attempted assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Universal Waste Disposal or any Hauler as a result of this Agreement or use of the Service. If a court finds that any provision of these Terms is invalid or unenforceable, that provision shall be deemed to have been stricken from these Terms and the remaining provisions shall be enforced to the fullest extent under law. Universal Waste Disposal’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Universal Waste Disposal in writing.
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