Elevated Waste Solutions
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Last Updated: 03/25/2024.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Elevated Waste Solutions (hereinafter " Elevated Waste Solutions"), a company duly organized and validly existing, located at 50 W Broadway ste 333 pmb 401498 Salt Lake City, Utah 84101. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (Elevated Waste Solutions) is operated by Elevated Waste Solutions Throughout the Site, the terms "we," "us," and "our" refer to Elevated Waste Solutions Elevated Waste Solutions offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site.
By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools that are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1. Restrict, suspend or terminate your access to all or any part of our Site; 2. Change, suspend or discontinue all or any part of our products or Site; 3. Refuse, move, or remove any content that is available on all or any part of our Site; 4. Deactivate or delete your accounts; 5. Establish general practices and limits concerning use of our Site. You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Elevated Waste Solutions content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Elevated Waste Solutions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Elevated Waste Solutions or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on any Elevated Waste Solutions Sites. The terms "member," "membership," and "account" all refer to this registration as a member on Elevated Waste Solutions Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Elevated Waste Solutions is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Elevated Waste Solutions will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Elevated Waste Solutions Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Elevated Waste Solutions Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Elevated Waste Solutions. Furthermore, you herein agree not to make use of Elevated Waste Solutions or Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; b) causing harm to minors in any manner whatsoever; c) impersonating any individual or entity, including, but not limited to, any Elevated Waste Solutions officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; j) interfering with or disrupting any Elevated Waste Solutions Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Elevated Waste Solutions herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. Elevated Waste Solutions herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process; b) enforcement of the Terms; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; or e) protecting the rights, property or the personal safety of Elevated Waste Solutions its visitors, users and members, including the general public. Elevated Waste Solutions herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Elevated Waste Solutions or any other content providers supplying content services to Elevated Waste Solutions. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Elevated Waste Solutions shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Elevated Waste Solutions the below listed worldwide, royalty-free and non-exclusive licenses, as applicable: a) The content submitted or made available for inclusion on the publicly accessible areas of Elevated Waste Solutions Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Elevated Waste Solutions sites, and shall terminate at such time when you elect to discontinue your membership. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Elevated Waste Solutions sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Elevated Waste Solutions sites and shall terminate at such time when you elect to discontinue your membership. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Elevated Waste Solutions sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Elevated Waste Solutions Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging. CONTRIBUTIONS TO COMPANY WEBSITE Elevated Waste Solutions may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Elevated Waste Solutions } shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Elevated Waste Solutions shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor's Contributions shall automatically become the sole property of Elevated Waste Solutions and e) Elevated Waste Solutions is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Elevated Waste Solutions, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Elevated Waste Solutions Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Elevated Waste Solutions sites.
SECTION 8 - MODIFICATIONS Elevated Waste Solutions
reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of Elevated Waste Solutions, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to elevatedwastesolutions@gmail.com. As a member, you agree that Elevated Waste Solutions may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline; b) by way of requests from law enforcement or any other governmental agencies; c) the discontinuance, alteration and/or material modification to our Services, or any part thereof; d) unexpected technical or security issues and/or problems; e) any extended periods of inactivity; f) any engagement by you in any fraudulent or illegal activities; and/or g) the nonpayment of any associated fees that may be owed by you in connection with your Elevated Waste Solutions account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with Elevated Waste Solutions shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within Elevated Waste Solutions; b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Elevated Waste Solutions or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Elevated Waste Solutions shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Elevated Waste Solutions Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Elevated Waste Solutions or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Elevated Waste Solutions Services (e.g. Content or Software), in whole or part. Elevated Waste Solutions hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Elevated Waste Solutions for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF ELEVATED WASTE SOLUTIONS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ELEVATED WASTE SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b ) ELEVATED WASTE SOLUTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) {YOUR COMPANY NAME HERE} SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ELEVATED WASTE SOLUTIONS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ELEVATED WASTE SOLUTIONS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ELEVATED WASTE SOLUTIONS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ELEVATED WASTE SOLUTIONS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. SECTION 13 - LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ELEVATED WASTE SOLUTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release
Elevated Waste Solutions (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Elevated Waste Solutions may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Elevated Waste Solutions trademarks, copyright, trade name, service marks, and other Elevated Waste Solutions logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Elevated Waste Solutions. You herein agree not to display and/or use in any manner the Elevated Waste Solutions logo or marks without obtaining Elevated Waste Solutions prior written consent. Elevated Waste Solutions will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Elevated Waste Solutions may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Elevated Waste Solutions agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Elevated Waste Solutions Attn: Copyright Agent 50 W Broadway ste 333 pmb 401498 Salt Lake City, UT 84101 Telephone: 801-372-0039 Email: elevatedwastesolutions@gmail.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Elevated Waste Solutions and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Elevated Waste Solutions Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Elevated Waste Solutions Services, affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Elevated Waste Solutions with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Elevated Waste Solutions, shall be filed within the courts having jurisdiction within the County of Utah or the U.S. District Court located in said state. You and Elevated Waste Solutions agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Elevated Waste Solutions fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Elevated Waste Solutions as follows:
Mailing Address: Elevated Waste Solutions
50 W Broadway ste 333 pmb 401498
Salt Lake City, UT 84101
Telephone: 801-372-0039
Email: elevatedwastesolutions@gmail.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Elevated Waste Solutions from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Elevated Waste Solutions content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Elevated Waste Solutions Online Privacy Policy (see the full Privacy Policy at Elevated Waste Solutions As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Elevated Waste Solutions and/or our subsidiaries and affiliates.
Residential Service Agreement
Notice About Dispute Resolution: These Terms & Conditions contain provisions on binding arbitration of disputes on an individual which will be binding on you unless you opt out as described in Section 8 below. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Customer grants to Elevated Waste Solutions the exclusive right, and Elevated Waste Solutions through itself and its affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the "Services") all of Customer's Waste Materials at Customer's service address. Customer agrees that the Waste Materials collected under these terms and conditions shall not include any Excluded Materials. "Waste Materials" means all non-hazardous solid waste, organic waste, and if applicable, recyclables, generated by Customer or at Customer's service address. Waste Materials shall not include any Excluded Materials. "Excluded Materials" means (a) radioactive, (b) corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, requires more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to Elevated Waste Solutions upon Elevated Waste Solutions receipt or collection unless otherwise provided in these terms and conditions or applicable law.
B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 8(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including their formation, performance and breach), the parties' relationship with each other and/or Elevated Waste Solutions provision of the Services shall be finally settled by binding individual arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms and Conditions shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at
https://www.jamsadr.com/adr-rules-procedures. If Customer initiates arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Elevated Waste Solutions will pay the additional cost. If Elevated Waste Solutions is required to pay the additional cost of the filing fees, Customer should submit a request for payment of fees to JAMS along with Customer's form for initiating the arbitration, and Elevated Waste Solutions will make arrangements to pay all necessary fees directly to JAMS. Elevated Waste Solutions will also be responsible for paying all other arbitration costs arising in connection with the arbitration. Customer will not be required to pay fees and costs incurred by Elevated Waste Solutions if Customer does not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. Customer and Elevated Waste Solutions each further agree that any arbitration shall be conducted in their respective individual capacities only and not as a class action or other representative action, and Customer and Elevated Waste Solutions each expressly waive their rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 8(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes
D. Exception - Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
E. 30 Day Right to Opt Out. Customer has the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 8(B), 8(C), and 8(D) by sending written notice of Customer's decision to opt-out to the following email: arbitrationoptout@ Elevated Waste Solutions.com. The notice must be sent within thirty (30) days of enrolling for the Services, otherwise Customer will be bound to arbitrate disputes in accordance with the terms of those sections. If Customer opts out of these arbitration provisions, Elevated Waste Solutions also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 8(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Saratoga Springs UT (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Saratoga Springs UT for any applicable litigation other than small claims court actions.
Contractor Service Disclosure
1. APPLICATION.
Contractor is engaged in the business of providing environmental and industrial services, goods, and equipment, including, but not limited to, waste or other material management, emergency response, remediation, cleaning, vacuuming, decontamination, demolition, containment, transportation, treatment, recycling, disposal, and related services (collectively, “Services”). These Environmental Services Terms and Conditions (“Terms”) are made a part of each proposal, quote, pricing addendum, price confirmation, work order, work authorization, work acknowledgement, purchase order, or other similar document within which Contractor provides pricing for Services (“Fee Disclosure Agreement”). Customer and Contractor may be referred to herein as “Parties” and individually as “Party”. These Terms along with the applicable Fee Disclosure Agreement and Elevated Waste Solutions Documentation are together referred herein as the “Agreement”.
2. RESPONSIBLE PARTY.
All Services are managed, performed, and billed for by individual operating subsidiaries of Elevated Waste Solutions.
The operating entity providing Service and responsible for all obligations to Customer is identified on Customer’s Fee Disclosure Agreement and/or invoice (“Contractor”). Customer acknowledges that any claims it may have relating to the Services may be brought against only the operating entity providing the Service.
3. FEE DISCLOSURE AGREEMENT.
Contractor will have no obligation to perform Services not expressly described in a Fee Disclosure Agreement. Upon acceptance of a Fee Disclosure Agreement, Customer authorizes Contractor to immediately commence performance of the requested Services as Contractor deems necessary. Customer further authorizes Contractor, unless otherwise stated in the Fee Disclosure Agreement, to determine all aspects of the Services in Contractor’s sole discretion. The Agreement will govern in the event of any conflict with the terms of any Customer provided document.
4. WASTE SERVICES.
Except as otherwise directed by Contractor, prior to any management, handling, recycling, treatment or disposal of waste or other material, Customer must submit to Contractor for approval a completed waste product questionnaire, profile, manifest, or similar document describing waste to be handled (Elevated Waste Solutions Documentation”) and provide a representative sample (if Contractor requests). Contractor is not required to perform an exhaustive analysis of the waste to identify its components, nor will any Contractor analysis relieve Customer of its responsibility to ensure the waste conforms to the approved Elevated Waste Solutions Documentation. Contractor does not guarantee that it will accept any particular type of waste upon receipt of Elevated Waste Solutions Documentation.
A. Title and Liability.
Title, liability, and responsibility for waste will pass to Contractor upon Contractor’s acceptance of the waste at Contractor’s facility unless shipment of the waste is the responsibility of Contractor, in which event title, responsibility and liability will pass upon delivery to, and acceptance by, Contractor at the commencement of shipment.
B. Non-Conforming Waste.
“Non-Conforming Waste” is any material that deviates from the description provided by Customer (including specifications set forth in the approved Elevated Waste Solutions Documentation) or any representative sample or supporting information or analyses, or that could alter the hazard, risk, or cost assumed by Contractor in performing the Services, or cause Contractor to be in noncompliance with any permit or other authorization. If Contractor determines that any waste is Non-Conforming Waste, it will have the right to reject, revoke acceptance of, or determine alternative disposal for, such Non-Conforming Waste, and convey it to Customer or another location. Customer will pay Contractor’s penalties, damages, and costs related to the Non-Conforming Waste including, without limitation, for injury to people or property, handling, analysis, transportation, repackaging, and time involved in conveying Non-Conforming Waste to Customer or other location or arranging for alternative disposal.
C. Loading and Transportation.
The Parties agree and understand that reasonable refusal by Contractor or its subcontractor to load, transport, handle, dispose of, or recycle Non-Conforming Waste will not be a breach of the Agreement.
5. EQUIPMENT.
Equipment provided by Contractor is rented to Customer at the rates and applicable surcharges specified in the Fee Disclosure Agreement and pursuant to any terms included in Contractor provided documents. Contractor will direct delivery and pick up of the equipment, at Customer’s expense. Customer acknowledges that additional fees will apply: (i) for surcharges and taxes, (ii) if Contractor provides or directs delivery, pick up, repair, maintenance, cleaning, or any other related service, (iii) if any agency assesses a fee related to the equipment, (iv) to all accessories, attachments, replacement units or parts, substitutions, additions, upgrades, and exchanges, (v) for excessive wear that reduces the life of the equipment, and (vi) as otherwise directed by Contractor.
A. As Is Condition.
Customer accepts the equipment in “as is” condition and certifies it will inspect the equipment before use to confirm it is clean, compatible with Customer’s intended use, and in proper working condition. Contractor makes no guarantees, warranties, or other representations, express or implied, regarding the equipment as to merchantability, fitness for a particular purpose, or otherwise.
B. Customer Responsible.
Customer will comply with all applicable statutes, ordinances, orders, rules, and regulations of all federal, state, and local governments (“Applicable Law”), in its operation and management of the equipment, and will ensure that only trained, qualified, and licensed operators of Customer use the equipment. Customer shall not assign or sublease its right to use the equipment. Customer will maintain the equipment in good repair and working order at its sole cost. Customer shall have the care, custody, and control of the equipment and assumes all risks of loss, damage, destruction, or interference with use of, and accepts responsibility for, the equipment while in its possession. Customer will not alter the equipment without Contractor’s written consent, and any alterations will become Contractor’s property. Customer shall not acquire any right, title, or interest in the equipment. No “Smash My Trash”, “Bigfoot Grinder”, or any other comparable businesses will be allowed to compact trash inside Elevated Waste Solutions dumpsters or equipment.
C. Equipment Insurance.
Contractor is not obligated to confirm the existence or adequacy of Customer’s insurance, or to provide insurance for the equipment for Customer’s benefit. Without limiting the obligations set forth in Section 13, Customer will maintain insurance against equipment loss, theft, damage, and destruction, in an amount greater than or equal to the equipment’s full replacement value, with loss payable to Contractor. Customer will also maintain sufficient comprehensive general all-risk liability insurance, including product liability coverage, insuring Contractor and Customer with a severability of interest endorsement or its equivalent, against all loss or liability for damages either to persons or property or otherwise, which might occur in connection with the condition, use, or operation of the equipment. Customer will provide Contractor with a certificate of insurance along with copies of endorsements that confirms such insurance coverage, designates Contractor as loss payee and/or additional insured, and provides that said insurance will not be invalidated by any act, omission, or neglect of Customer and cannot be cancelled without prior written notice to Contractor.
D. Access.
Customer’s site must be accessible for the size and type of equipment rented. If any vehicle or other equipment provided by Contractor arrives at Customer’s site and cannot be delivered or picked up as intended due to inaccessibility, Customer will be responsible to pay the full rental charge, any applicable minimum charge, and any applicable portal-to-portal technician fee.
E. Rental Termination.
Upon termination of any equipment rental, Contractor will arrange to pick up the equipment at Customer’s cost, and Customer will ensure the equipment is in the same or better condition as when initially received by Customer, with the interior and exterior clean and free of any foreign matter. Contractor may perform, in its discretion, any additional cleaning, at Customer’s expense. If Customer fails to provide access to the equipment, Contractor is authorized to proceed by any lawful means to recover the equipment, and Customer will pay all costs related to Contractor’s repossession, repair, and cleaning.
6. EMERGENCY RESPONSE.
All emergency response related Services are provided at Contractor’s current standard rates, unless otherwise quoted by Contractor. Customer acknowledges that Contractor’s provision of response related Services is on an as-available basis, does not guarantee Contractor’s response or a response within a specific timeframe, and Customer may not name Contractor in its state or federal contingency plan. Customer also acknowledges that Contractor does not represent or warrant that it will recover any specific quantity of waste or that it will achieve any specific level of cleanliness. CONTRACTOR DOES NOT REPRESENT OR WARRANT, AND CUSTOMER WAIVES ANY CLAIMS, THAT ITS SERVICES WILL RENDER ANY REAL OR PERSONAL PROPERTY SAFE FOR HUMAN ACTIVITY OR OCCUPATION OR IN COMPLIANCE WITH ANY APPLICABLE LAW.
7. REMEDIATION; RESTORATION.
In Contractor’s performance of assessment and remediation Services, Contractor does not guarantee that all sources of possible contamination will be identified or that all contaminants will be detected, properly identified, remediated, or removed. Contractor will exercise reasonable care to minimize damage to the site. Customer acknowledges that, despite Contractor’s reasonable care, some damage may occur in the normal course of the Services and agrees that Contractor will not be liable for such damage and will be entitled to additional compensation if it is asked to perform restoration services or other services not expressly included in the scope of Services.
8. ON SITE SERVICES.
Customer shall ensure unobstructed access to Customer’s site and/or area to be serviced. Customer shall inform Contractor of any known hazards or risks associated with the site, and Customer represents and warrants that it maintains and shall maintain a safe working environment for Contractor’s personnel. If, in its sole discretion, Contractor discovers any hazardous or unsafe working condition, Contractor shall have the right to immediately take action to mitigate such unsafe conditions, and Contractor shall be under no obligation to continue performing any of the Services until such action is complete and the site is safe. Customer shall inform Contractor inwriting of any site-specific conditions or requirements that will impact the performance of the Services prior to the commencement of Services.
9. CHANGES.
Contractor’s proposed compensation will represent its best estimate considering the costs, effort, and time it expects to expend in performing the Services based on its reasonable assumptions of the conditions and circumstances under which the Services will be performed. As the Services are performed, conditions may change or circumstances outside of Contractor’s reasonable control may develop which would require Contractor to expend additional costs, effort, or time to complete the Services, in which case Contractor will notify Customer and an equitable adjustment will be made to Contractor’s compensation and the time for performance. Unless otherwise specified in writing, Contractor’s proposed fees will assume that Contractor will not encounter any underground structures, utilities, boulders, rock, water, running sand, or other unanticipated conditions while drilling or excavating, and Contractor shall be compensated for any additional efforts expended or costs incurred in addressing such conditions. If hazardous conditions of any type or quantity not originally anticipated are discovered at the site, Contractor in its sole discretion may suspend and amend the scope of Service or terminate the Services and Contractor shall be compensated for Services performed and for costs reasonably incurred in connection with the suspension or termination.
10. CONTRACTOR WARRANTIES.
Contractor warrants and represents to Customer: A. Contractor is engaged in the business of performing the Services and has appropriate expertise, facilities, and ability to perform the Services in a lawful manner. B. Contractor will provide supervision, labor, materials, tools, equipment, and subcontracted items for the performance and completion of the Services as agreed in writing between the Parties. C. Contractor will perform the Services in compliance with all Applicable Law.
11. CUSTOMER WARRANTIES & RESPONSIBILITIES.
Customer acknowledges, warrants, and represents to Contractor:
A. Prior to any Services, Customer will advise Contractor of all known and potential health, safety, and environmental issues associated with the site and Services. Customer will provide full and complete information regarding its requirements for the Services and will immediately transmit to Contractor any new information which becomes available or any change in plans after providing such information.
B. Customer will comply with all Applicable Laws and its legal responsibilities as a generator of waste, including providing all required notices regarding the Services to the appropriate government authorities.
C. It is Customer’s responsibility to secure and pay for all necessary approvals, easements, assessments, permits, and charges required and to ensure Contractor’s legal access to the site and to perform the Services.
D. All waste delivered to Contractor will conform to the description provided in the Elevated Waste Solutions Documentation, representative samples, supporting information, and analyses. Customer will comply with all Contractor requests for evidence of Customer’s continuing compliance with the terms of the Agreement and any Elevated Waste Solutions Documentation, including, without limitation, the following: (a) providing new and/or updated Elevated Waste Solutions Documentation on waste offered for transportation and disposal; (b) providing appropriate certification that the Elevated Waste Solutions Documentation accurately reflects the waste offered for transportation and disposal; and (c) re-sampling the waste, at Customer’s expense, if Contractor reasonably questions such waste’s acceptability under the Agreement or any Elevated Waste Solutions Documentation.
12. BILLING; PAYMENT.
A. Unless otherwise set forth in the Fee Disclosure Agreement, Contractor’s charges will not include any taxes, excise, fees, duties, or other 3 government charges related to the goods or Services provided under the Agreement, and Customer shall pay such amounts or reimburse Contractor for any amount it pays.
B. Unless otherwise set forth in the Fee Disclosure Agreement, Contractor may change the prices stated in the Fee Disclosure Agreement by giving Customer notice of such change at least 7 days before the effective date thereof. If any change in price is refused by Customer, Contractor may terminate the applicable Fee Disclosure Agreement upon notice to Customer.
C. Customer will pay in cash at the time waste is accepted, or at the time the Services are provided, unless credit has been approved by Contractor, in which event Customer will pay within 3 days of invoice date at the address indicated on Contractor’s invoice.
D. Payments are not contingent upon Customer’s receipt of funds from any third party including, but not limited to, owner payments, government funding, or insurance payments.
E. All amounts outstanding more than 30 days after invoice date will bear interest at the rate of maximum per state law.
F. Customer will notify Contractor of any disputed amounts within 3 days of the invoice date. The portion of any invoice not disputed within such period will be deemed accepted by Customer. During the 10 business days following notification of a disputed amount, the Parties will attempt in good faith to resolve said amount and, if resolved, Customer will immediately pay the agreed-upon amount to Contractor.
G. If any undisputed invoice amount is not paid within 3 days of its due date, Contractor may suspend or terminate Services.
13. INSURANCE.
Each Party will procure and maintain, at its expense, during the term of any Services, at least the following insurance:
A. Workers’ compensation (Statutory) with statutory limits and employer’s liability insurance (or equivalent) with a limit not less than $1,000,000 per accident;
B. Commercial or general liability insurance coverage for premises and operations, contractual liability completed operations, with limits of not less than $2,000,000 per occurrence for bodily injury, death, and property damage, adding the other Party as an additional insured to the extent of each Party’s indemnification obligation;
C. Automobile liability insurance (including owned, non-owned and hired vehicles) with limits as required by Applicable Law or with a combined single limit for bodily injury, death and property damage of not less than $2,000,000 per occurrence, whichever is greater; and
D. Pollution legal liability with limits of $2,000,000 per occurrence.
E. Contractor will also maintain excess or umbrella liability with limits of $5,000,000 per occurrence.
F. Each Party will furnish the other Party, upon request, insurance certificate(s) evidencing the above coverages.
14. INDEMNIFICATION.
A. Contractor Indemnification. Contractor will indemnify, defend, and hold harmless Customer, its officers, directors, employees, and agents from any civil penalties, costs, damages, claims, and causes of action, including court costs and reasonable attorney fees, that are brought or incurred on account of death or bodily injury to any person; damage to any property; injury to, destruction of, or loss of natural resources; or any violation of Applicable Law (“Losses”) to the extent arising out of Contractor’s negligence, willful misconduct, or breach of the Agreement. Contractor’s obligation to indemnify shall not extend to Losses for which Contractor is immune from liability under Applicable Law.
B. Customer Indemnification. Customer will indemnify, defend, and hold harmless Contractor, its parent, affiliates, and each of their officers, directors, employees, and agents (“Contractor Indemnitees”) from any Losses to the extent arising out of Non-Conforming Waste or Customer’s negligence, willful misconduct, or breach of the Agreement. Customer also indemnifies, defends, and holds harmless, Contractor Indemnitees from any Losses related to the equipment provided by Contractor, except to the extent caused by Contractor’s negligence or willful misconduct.
C. Consequential Damages. Unless awarded by a court to a third party in a Loss subject to indemnification hereunder, neither Party will be liable, and each Party waives any claims against the other, for any indirect, consequential, special, or punitive damages including, but not limited to, lost revenues, lost profits, or loss of prospective economic advantage, whether or not the Party was advised of the possibility of such damages.
15. INDEPENDENT CONTRACTOR.
Neither Contractor nor any of its employees will ever be considered Customer’s employee, agent, or representative under the Agreement. Contractor will be an independent contractor for purposes of the Agreement and will exercise exclusive control of the operation and activities of its employees, agents, and subcontractors. Neither Party will have any authority to employ any person as an employee, agent, or subcontractor on behalf of the other.
16. CONFIDENTIALITY.
Contractor and Customer will treat as confidential and not disclose to others, except as required by law or legal process or necessary to perform the Services, any non-public information regarding the other Party’s plans, business, facilities, processes, products, prices, costs, equipment, operations, or customers which it may learn during the Agreement.
17. FORCE MAJEURE.
Any delay or failure of either Party to perform under the Agreement, except for payment for Services rendered, will be excused to the extent caused by acts of God, action of regulatory agencies, fire, flood, windstorm, explosion, riot, war, terrorism, sabotage, or other reasons beyond the reasonable control of the Party affected. Contractor will also be excused from performance if it loses, or has suspended, any license, permit, or other authorization necessary for its performance. The delayed Party will provide prompt notice of such delay and work diligently to remove the cause of the delay.
18. SEVERABILITY; WAIVER.
If any part of the Agreement becomes invalid for any reason, the validity of the remaining Agreement will not be affected. Failure or delay by either Party to enforce any provision of the Agreement will not be deemed a waiver of future enforcement of that or any other provision.
19. ASSIGNMENT.
Customer may not, without Contractor’s prior written consent, assign any of Customer’s rights or obligations in the Agreement. Contractor may assign its rights and obligations hereunder, to any parent, affiliate, or in connection with any sale, transfer, or other disposition of all, or substantially all, of its business, provided, that any assignee assumes Contractor's obligations hereunder. Contractor may subcontract parts of its obligations to qualified third parties and affiliates. The Agreement will be binding upon, and inure to the benefit of, the Parties and their respective successors and permitted assigns.
20. GOVERNING LAW.
The Agreement will be governed by and construed in accordance with the laws of the state where disposal occurs, or if no disposal occurs, the state where most of the Services are performed, without giving effect to applicable principles of conflicts of law to the extent that the laws of another jurisdiction would be applicable thereby.
21. NOTICE.
Any notice or communication required hereunder to be in writing will be deemed to have been given when delivered by registered or certified mail, postage prepaid, return receipt requested, to the Parties’ representatives who sign the Fee Disclosure Agreement. Notwithstanding the foregoing, day-to-day written communications that are operational in nature may be provided via email between the Party’s business contacts.
22. ENTIRE AGREEMENT; AMENDMENT.
The Agreement contains the entire agreement between the Parties and supersedes any prior agreement between the Parties regarding any Services performed.
A Customer provided document will apply only to the extent necessary to initiate the Services; no terms or conditions included in a Customer provided document will apply. Under no circumstances will Contractor’s acknowledgement (including a signature) upon any Customer-provided document amend this Agreement. No modifications or amendments hereto will be effective unless they are in writing and signed by both Parties.
23. SURVIVAL.
All rights, duties, and responsibilities of any Party that either expressly or by their nature extend into the future, including warranties and indemnification, shall extend beyond and survive the termination or expiration of this Agreement.
CONTRACTOR AND ITS AFFILIATES ARE AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYERS M/F/DISABLED/VETERAN
Fee Disclosure Agreement
Understanding our rates, charges, and fees:
Elevated Waste Solutions and any operating subsidiaries of Elevated Waste Solutions are committed to providing high-quality service to you through operations that are safe, responsible and sustainable. Each operating subsidiary is responsible for managing its own operations and billing its customers. And, while there are several variables that impact base service rates, charges and fees among our operating subsidiaries, this page provides disclosures and additional information to you regarding some of the most common charges and fees that you may see in your contract and/or on your invoice. Some charges and fees may vary by subsidiary and type of service and location, these variables may span across all subsidiaries. These charges and fees help each operating subsidiary recover its direct and indirect costs of operation.
The types and amounts of charges and fees applicable to your service were disclosed to you at the time of your booking. Please refer to the information in this disclosure to help you understand the charges and fees you may encounter.
For more information regarding those charges, fees, and rate amounts, please refer below:
1. Environmental Recovery Fee
The Environmental Recovery Fee (“ERF”) is an enterprise-wide recurring fee that is a set percentage of all invoice charges, except taxes. It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The ERF is intended to help our businesses recover both direct and indirect costs associated with the operation of collection, transfer, landfill, recycling and landfill gas-to-energy services and facilities nationwide in an environmentally sustainable manner, and it includes an amount designed to achieve an acceptable operating margin. The current ERF is 18%. Elevated Waste Solutions regularly monitors these costs and may change the ERF at Elevated Waste Solutions discretion. Your ERF will be combined with your FRF on your invoice.
2. Fuel Recovery Fee
The Fuel Recovery Fee (“FRF”) is an enterprise-wide recurring fee that is a fluctuating percentage of all invoice charges, except the ERF and taxes. It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The FRF is intended to help our businesses recover both direct and indirect fuel, petrochemical, electric, and compressed natural gas costs associated with the operation of collection, transfer, landfill and recycling services and facilities nationwide, and it includes an amount designed to achieve an acceptable operating margin. Each monthly FRF rate is determined by cross-referencing FRF Table with the peak weekly diesel price per gallon, published in the 30-day period ending on the 15th of the month, as reported by the U.S. Department of Energy Information Administration. Elevated Waste Solutions monitors those costs regularly and reserves the right to change its method of determining the FRF at its discretion. Your FRF will be combined with your ERF on your invoice.
3. Administrative Fee
The Administrative Fee (“ADMIN”) is an enterprise-wide recurring fee. It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The ADMIN is intended to help our businesses recover costs associated with the administrative processes related to account maintenance, invoicing and payment processing for all customers, and it includes an amount designed to achieve an acceptable operating margin. The ADMIN is currently {$5.95} per invoice but is subject to change at any time at Elevated Waste Solutions discretion.
4. Rate Increases
Throughout the course of providing your service, Elevated Waste Solutions may increase your rates for service. Rate increases are necessitated over time to keep up with increasing costs of operations and to ensure Elevated Waste Solutions is maintaining an acceptable operating margin and/or an acceptable rate of return on its investment in the services provided, which will be in the form of a change on your invoice. The operating subsidiary providing your service reserves the right to determine in its sole discretion the amount of all rates and rate increases. Your invoice will provide notice of the rates for service during the Term covered by such invoice.
5. Recycling Processing Charge
The Recycling Processing Charge (“RPC”) is an enterprise-wide recurring charge imposed on customers receiving recycling services. The RPC is intended to help our businesses recover both direct and indirect costs associated with the processing of materials received at its recycling facilities necessitated by high levels of contamination, strict specifications by purchasers of commodities, and highly fluctuating commodity values. The RPC is determined monthly by cross-referencing RPC Table with the lowest US average price per ton for Old Corrugate Containers – Pulp & Paper Index (“OCC-PPI”) as published during the previous month by Fastmarkets RISI PPI Pulp & Paper Week. For your convenience, Elevated Waste Solutions will post the price per ton for OCC-PPI used each calendar month to determine the RPC. Elevated Waste Solutions reserves the right to change its method of determining the RPC at any time at its discretion.
6. Container Delivery and Removal Fees
The operating subsidiary providing your service will provide containers (in some cases for a rental charge) for your convenience with respect to the collection and on-site storage of your solid waste and recyclable materials. Container delivery and removal fees are intended to offset Elevated Waste Solutions operational costs of sending a truck to deliver your container(s) at the start of your service and removing your container(s) when your service terminates, as well as costs related to cleaning, repairs and refurbishment of the containers following your use. Container delivery and removal fees are set by each operating subsidiary and are subject to change at any time at that operating subsidiary’s discretion. Container delivery and removal fees are charged at the operating subsidiary’s prevailing rate at the time of delivery or removal for Invoice-to-Invoice Customers; however, neither your container delivery fee nor your container removal fee will exceed $150 per container.
7. Cancellation Fee
If you fail to pay your invoice on or before its due date, the operating subsidiary providing your service reserves the right to suspend your service until you pay all outstanding invoices. It also reserves the right to charge you a service interruption fee. Service interruption fees are intended to mitigate some of Elevated Waste Solutions loss of return on the container assets in the customers’ possession and for the interruption in its business and costs associated with stopping and restarting service. Service interruption fees are charged at the operating subsidiary’s prevailing rate at the time of service interruption for Invoice-to-Invoice Customers; however, your cancellation fee will not exceed the full cost of the service that you requested. You may cancel your service(s) by calling the telephone number on your invoice. Please note that advanced notice is required to cancel service(s).
8. Late Payment Fee
If you fail to pay your invoice on or before its due date, the operating subsidiary providing your service reserves the right to charge you a late payment fee. Late payment fees are intended to help Elevated Waste Solutions recover its costs incurred in managing customers’ unpaid accounts. Late payment fees are set by each operating subsidiary and are subject to change at any time at that operating subsidiary’s discretion; however, your late payment fee will not exceed {the greater of $100 or up to 10%} of the applicable charges, subject to applicable law.
9. Taxes
Some services provided by Elevated Waste Solutions (including equipment rental) may be subject to state, local and/or franchise taxes or fees. If applicable, such state, and/or local taxes or fees will be separately itemized on your invoice, collected by the operating subsidiary providing your service and submitted to the appropriate taxing authority and/or franchise authority.
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