Heritage Environmental Services, LLC
Customer, Supplier, and Partner Portals
Terms and Conditions
These Terms and Conditions (the “Terms”) governs your access and use of the products and services offered by the Heritage Environmental Services, LLC and its affiliates and subsidiaries (“Heritage”), through our customer, supplier, and partner collaboration and data sharing portals, including, but not limited to, the Environmental Information System (“EIS”) Customer Portal, IS2 Data Management Portal, Heritage Storefront (collectively, the “Services”). By accessing the Services, you agree to be bound by these Terms. Your receipt of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms are an agreement between you and Heritage Environmental Services, LLC and its affiliates and subsidiaries (“Heritage” “we,” “us”).
Effective Date
The effective date of the Terms is: 02/01/2018
Scope
The Terms apply to all Services that Heritage provides through Portals located at https://www.accessheritage.com, https://portal.heritage-interactive.com, https://store.heritage-enviro.com, https://www.heritage-enviro.com/login, https://www.rinecodirect.com (each a “Portal”). Any information, text, graphics, photos, or other materials uploaded to, downloaded from, or appearing on the Portal in connection with the Services is hereinafter referred to collectively as the “Content.”
Users
The individuals and organizations who receive the Services are hereinafter referred to collectively as the “Users” or “you.”
Privacy Policy
We are committed to protecting the privacy of your information. Please review our Privacy Policy at https://www.heritage-enviro.com for details about how we collect, use, and disclose information about you when you access our Services through the Portal. By accessing the Services, you agree to the terms of our Privacy Policy.
User Accounts
Account Creation. Users must create an online account (your “Account”) on the Portal and provide certain information as prompted by the registration form, including an email address and self-selected password. You may also be required to provide additional information and appropriate payment information. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate.
Sharing of Information. To the extent permitted by our Privacy Policy, we may share information about you with our third-party service providers, banks and other financial institutions, and government agencies, who may use this information for any lawful purpose that is consistent with our Privacy Policy.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account log-in information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other compromise of security. You are also responsible for ensuring the information you provide in connection with your Account, such as your email address, is accurate and current. Only the individual to whom we have issued the Account may access the Services unless otherwise agreed to by Heritage. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Termination
Your Account may be terminated by us or you at any time and for any reason or no reason all. You will be responsible for all fees and charges prior to the date of termination. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate or modify these Terms, at any time for any reason at our sole discretion. You understand that any termination of your Account involves deletion of the Content associated with the Account from our live databases. We will not have any liability whatsoever to you for any termination or modification of these Terms, including for termination of your Account or deletion of any Content. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.
Payment Card Authorization
You hereby authorize us directly or through our third-party service providers to charge your payment card for any payments to Heritage that you initiate through the Portal. Your authorization will remain in full force and effect until your Account is closed or terminated in accordance with these Terms. You represent and warrant that the payment information you provide is accurate, you are authorized to use the payment method provided, and you will notify us of changes to the payment information.
Rights and Licenses
License to Use Content. We grant you a non-transferable, non-exclusive, revocable license to access and use our Content. You may copy, distribute, display, reformat, print, and use the Content for commercial purposes under the following terms. When redistributing the content, you must give Heritage appropriate credit, provide the text of the license, and indicate if changes were made to the Content in any reasonable manner, but not in any way that suggests that Heritage endorses you or your use. If you remix, transform, or otherwise create a derivative work based on the Content, then you may not distribute the modified Content. We may terminate and revoke any or all of the rights granted to you under this license for any reason. Additionally, your rights under this license shall immediately terminate if you breach any provision of this Agreement.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; and (c) you will not access the Services in order to build a similar or competitive service.. Any future release, update, or other addition to functionality will be subject to the Terms. All copyright and other proprietary notices on the Portal must be retained on all copies thereof.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and Content are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in the Terms.
User Content. “User Content” means any and all information and content that a User submits to Heritage through the Portal, including, but not limited to, information submitted through completing a form or uploading an attachment through the Portal or via email. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you provide to us. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Because you alone are responsible for your User Content (and not Heritage), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy (described below). We are not obligated to create backups of any User Content, and we may delete User Content at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License. To the extent you generate User Content, you hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following sets forth our “Acceptable Use Policy.” Using the Services includes, but is not limited to, logging into the Portal; accessing data; running reports; downloading or saving materials related to the Services; and making online payments. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Portal or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Portal, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Portal so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available through the Services is not accurate, complete, or current. We provide the Content for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the Content is at your own risk. The Content may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content offered through the Services at any time, but we have no obligation to update any Content. You agree that it is your responsibility to monitor changes to our Content.
Release
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of other Users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PORTAL WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE SERVICES HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY DUE TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY MATERIALS PROVIDED ON THE SERVICES. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER HERITAGE, NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY OF ANY WARRANTY, EVEN IF HERITAGE OR AN ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH HERITAGE IS TO STOP USING THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT THE COMPANY’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HERITAGE AND OUR ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN HERITAGE AND YOU.
Prohibited Uses
You may use the Portal only for lawful purposes. You are responsible for any communications you make to us through the Portal. We prohibit the use of the Portal for any of the following: submitting information that is false, inaccurate, or not your own; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless you are the copyright owner or you have the owner’s permission to transmit it; transmitting information that infringes on another individual ’s intellectual property or privacy rights; communicating information derived from the Portal to foreign nations in violation of applicable export control laws; or attempting to use the Portal to gain unauthorized access to our networks or otherwise interfering with our network security.
Applicable Law
You agree that the laws of the State of Indiana, without regard to the conflict of laws principles, shall govern these Terms and any dispute arising out of your use of the Portal or Services that might arise between you and Heritage. The federal and state courts of the State of Indiana shall have exclusive jurisdiction over all claims. Notwithstanding the foregoing, you agree that we may, in our sole discretion, bring a claim in any forum in which personal jurisdiction can be exercised. Unless otherwise specified, the Portal is solely for promoting products, programs, and business operations within the United States. Materials from the Portal may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. We prohibit your downloading or exporting of materials from the Portal in violation of United States export laws and the laws of your resident country. By downloading materials from the Portal, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
Right of Modification and Termination
We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms. Additionally, we may terminate this agreement at any time, without notice to you, if we believe, in our sole discretion, that you have breached or may breach any term or condition of the Terms, or we may terminate this agreement for our convenience. You may terminate this agreement at any time by destroying all materials received from the Portal and ceasing to use our Services.
We reserve the right, without notice and for any reason, to remove or change any Content or other information provided through the Portal, correct any errors, inaccuracies, or omissions in any information offered through the Portal, and to deny access of any user(s) to all or any part of the Services at any time and without prior notice. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, your use of the Portal and/or Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance your use of the Portal and/or Services.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Portal constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Questions and Feedback
If you have any questions or comments, please contact us by email at legal@heritage-enviro.com or by phone at 877-436-8778.
C\1196631.1
