TERMS OF SERVICE
Terms of Service
These Terms of Service set forth the terms under which Russell Reid Waste Hauling & Disposal Service Company, Inc. (the “Company,” “our,” “us” or “we”) provides our corporate websites located at www.russellreid.com and www.mrjohn.com (the “Websites”). Please read these Terms of Service carefully. Your use of the Websites constitutes an unconditional agreement to be bound by these Terms of Service. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE YOU ARE PROHIBITED FROM USING THE WEBSITES.
Links to Third Party Sites
The Websites may contain links to other sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites, such as data scraping.
EXCEPT AS OTHERWISE PROVIDED AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITES AND ALL SERVICES PROVIDED THEREON ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED, USE OF THE WEBSITES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF EXERCISING THE RIGHTS GRANTED UNDER THESE TERMS OF SERVICE AND ASSUME ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY AND UNAVAILABILITY OR INTERRUPTION.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW OR TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE, IN NO EVENT SHALL THE COMPANY BE LIABLE ON ANY LEGAL THEORY (A) FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING LOSS OF REVENUE, PROFITS OR GOODWILL, (B) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, (C) FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USER OR COST OF PROCURING SUBSTITUTE TECHNOLOGY OR (D) DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
We reserve the right, in our sole discretion, to terminate your access to the websites and the related services or any portion thereof at any time, without notice.
Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Websites. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Company is the sole owner of all intellectual property rights pertaining to the Websites, including but not limited to copyright and trademark rights and all rights not expressly granted herein are reserved. You are prohibited from using the Website in any manner that infringes the intellectual property or other rights of the Company or any third party.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties, and the remainder of these Terms of Service shall continue in full force and effect.
Choice of Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey (except that body of law controlling conflict of laws) and specifically excluding from application to this Agreement that law known as the United Nations Convention on Contracts for the International Sale of Goods. Each party irrevocably consents to the exclusive jurisdiction, forum and venue of the state and federal courts located in New Jersey over any and all claims, disputes, controversies or disagreements between the parties or any of their respective subsidiaries, affiliates, successors and assigns under or related to these Terms of Service or the subject matter thereof.
These Terms of Service constitute the entire agreement between Company and you with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Company may modify the terms of these Terms of Service in its sole discretion and such modifications shall take effect and be binding on you on the earliest date which they are posted to the Websites. No one other than the Company has the right to modify these Terms of Service.
Waiver of Breach
No term or provision of these Terms of Service shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Company. Any consent by the Company to, or waiver of, a breach, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for, any other breach or any subsequent breach, except as may be expressly provided by the Company.
Last Revised: December 12, 2016