Website user agreement and terms of use
Access to and Availability of the Sites.
Republic Services may restrict, suspend, or terminate access to all or any part of the Sites at any time, for any reason, without prior notice or liability. Republic Services may change, suspend, or discontinue all or any aspect of the Sites at any time, including the availability of any feature, database, information, or content without prior notice or liability. We do not guarantee that the Sites, or any content or functionality on the Sites, will always be available, uninterrupted, secure, accurate, or error-free. You are not authorized to use the Sites in any jurisdiction where the terms of this Agreement are not enforceable.
Mobile Applications and App Stores.
If Republic Services makes available any mobile application or other downloadable software, that application or software is subject to this Agreement and any additional terms presented in or with the application, as well as any applicable terms, rules, or policies of the third-party app store or platform through which the application is downloaded or accessed. You are responsible for obtaining and maintaining any compatible device, operating system, internet access, wireless service, and other equipment or services necessary to download, access, and use the application. Republic Services may provide updates, modifications, enhancements, bug fixes, or new versions of the application from time to time and may require you to install or use the most current version in order to continue accessing some or all functionality. Republic Services does not guarantee that any application will be compatible with all devices, operating systems, carriers, or networks, or that it will be continuously available, secure, uninterrupted, or error-free. To the extent any app store terms conflict with this Agreement, this Agreement will govern as between you and Republic Services, except to the extent the applicable app-store terms are required to control under the terms imposed by that app store or applicable law.
Changes to this Agreement.
Republic Services may change or modify all or any part of this Agreement at any time, effective upon posting to the applicable Site or otherwise providing notice as required by applicable law. You agree to review the Agreement periodically so that you are aware of any changes. Your continued use of the Sites after any revised Agreement is posted constitutes your acceptance of the revised Agreement. If you do not agree to the changes, please discontinue your use of the Sites.
Privacy.
Your use of the Sites is also subject to our Privacy Policy, which is incorporated into this Agreement by reference. Any personal information we collect through the Sites is subject to the Privacy Policy. By using the Sites, you acknowledge that you have read and understand the Privacy Policy at https://www.republicservices.com/privacy.
Children and Minors.
The Sites are intended for use by adults and are not directed to children under the age of thirteen (13). You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to create an account, use the Account Services, place orders, submit payment information, or otherwise enter into transactions through the Sites. If you are under the age of majority in your jurisdiction, you may use the Sites only with the involvement and consent of a parent or legal guardian. Republic Services does not knowingly collect personal information from children under thirteen (13) through the Sites. If we learn that we have collected personal information from a child under thirteen (13) without appropriate consent, we will take reasonable steps to delete that information in accordance with applicable law.
Accessibility.
Republic Services is committed to making the Sites reasonably accessible to users, including individuals with disabilities. We aim to maintain the Sites in a manner consistent with applicable accessibility laws and recognized accessibility standards, as applicable. If you experience difficulty accessing any content, feature, functionality, or communication through the Sites, please contact us through customer service and provide a description of the issue and the specific content or functionality involved. We will use reasonable efforts to address accessibility issues and, where appropriate, provide the requested information or service through an alternative accessible method.
Our Products and Services.
Information on the Sites about Republic Services’ products, services, pricing, availability, service options, and related offerings is provided for general informational and customer-service purposes. That information may change at any time and may vary by customer, account, service address, material type, service area, contract terms, applicable law, operational requirements, and other circumstances. Republic Services may correct any errors, inaccuracies, or omissions on the Sites and may modify, refuse, limit, suspend, or discontinue any product, service, feature, or offering at any time, subject to any applicable written service agreement or transaction-specific terms.
To the extent you purchase, request, manage, or pay for products or services through the Sites, additional terms, service agreements, order forms, statements of work, invoices, service confirmations, or other transaction-specific terms may apply. In the event of a conflict between this Agreement and those transaction-specific terms, the transaction-specific terms will control with respect to the applicable products or services. The inclusion of any product, service, feature, or offering on the Sites does not mean that it is available to any particular customer, at any particular location, at any particular time, or in all geographies.
No Professional Advice.
Content made available through the Sites, including any information relating to recycling, waste management, sustainability, environmental practices, safety, regulatory requirements, service options, billing, or account management, is provided for general informational purposes only. Such content is not intended to constitute, and should not be relied upon as, legal, regulatory, environmental, engineering, safety, financial, tax, or other professional advice. You are responsible for evaluating the applicability of any information to your own circumstances and for obtaining advice from qualified professionals as appropriate.
Automated Tools and Artificial Intelligence.
Republic Services may use automated tools, algorithms, machine learning, artificial intelligence, or similar technologies in connection with the Sites, customer support, security, fraud prevention, service management, operational efficiency, content generation, or other business purposes. These tools may assist with providing information, responding to inquiries, routing requests, identifying account or service issues, improving user experience, or supporting our products and services. Automated or AI-generated outputs may be incomplete, inaccurate, outdated, or not applicable to your specific circumstances, location, materials, account, services, or legal obligations. You should not rely on automated or AI-generated outputs to determine whether materials are hazardous, regulated, recyclable, acceptable for collection, or subject to special handling requirements unless confirmed through an authorized Republic Services representative or applicable service documentation. Republic Services may modify, suspend, or discontinue any automated or AI-enabled functionality at any time.
Copyright.
The design of the Sites and all information, software, text, photographs, graphics, video, audio, interfaces, features, functionality, links and other materials made available through the Sites (collectively, “Content”) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is owned by or licensed to Republic Services and is provided under a limited, revocable license for personal or internal business use to learn about, request, manage, or pay for Republic Services products and services. Any copying, alteration, distribution, transmission, performance, display, framing, inline linking, association with content or information not originating from the Sites, or other use of the Content is prohibited. Republic Services will enforce its intellectual property rights to the fullest extent of the law. You may not use Content except as expressly permitted by this Agreement and Republic Services may revoke this limited license at any time.
Trademark.
Republic Services does not permit any unauthorized use of its trademarks, trade names, logos, names, and trade dress (collectively, “Trademarks and Trade Dress”). Republic Services retains all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. trademark laws and international laws and treaties. No license for the use of the Trademarks and Trade Dress is granted to you under this Agreement or by your use of the Sites. Unauthorized use of our Trademarks and Trade Dress in any manner is prohibited. Republic Services does not permit use of our Trademarks and Trade Dress in metatags or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords, search engine tags, or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Republic Services will enforce its intellectual property rights to the fullest extent of the law.
User Representations, Warranties and Covenants.
You represent, warrant and covenant to Republic Services that:
- you will comply with this Agreement and all applicable federal, state, provincial, and local laws, rules, and regulations when accessing or using the Sites or Account Services, and you will not access or use the Sites for any competitive or commercial purpose not expressly authorized by Republic Services;
- if you access or use the Sites or Account Services on behalf of a company or other legal entity, you have authority to bind that entity and to submit information, instructions, requests, orders, and payment directions on its behalf;
- any information, materials, requests, instructions, or payment details you submit through the Sites or Account Services will be true, accurate, current, complete, and not misleading, including use of your true legal identity;
- you are legally authorized to make payments, if applicable, using any Designated Account or payment method you provide;
- you have and will maintain all regulatory approvals, authorizations, licenses, permits, consents, and other permissions necessary to access the Sites, use the Account Services, submit information or instructions, and perform your obligations under this Agreement;
- if you use the Account Services, you will implement and maintain reasonable procedures and safeguards to ensure that information you submit is accurate and that you retain backup copies of information you provide through the Account Services; and
- you have read and understand the Privacy Policy.
Except as expressly permitted by this Agreement or authorized by Republic Services in writing, you will not, and will not permit any other person or entity to: (i) copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites, Account Services, Content, or any related software or technology; (ii) attempt to derive, access, recreate, or obtain the source code, object code, underlying structure, algorithms, or nonpublic components of any software or technology associated with the Sites or Account Services; (iii) decompile, disassemble, or reverse engineer any software or other component of the Sites or Account Services; (iv) remove, alter, or obscure any copyright, trademark, proprietary, or other notices contained in or displayed through the Sites, Account Services, or Content; (v) assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer access to the Account Services; or (vi) use Republic Services’ name, trademarks, trade names, URLs, or other materials in unsolicited messages, spam, or unauthorized promotional activity.
Acceptable Use and Cybersecurity Restrictions.
You agree that you will not, and will not permit or assist any other person or entity to, access or use the Sites, Content, systems, networks, or data in any manner that could damage, disable, overburden, impair, disrupt, compromise, or interfere with their availability, security, integrity, or operation. For example, you may not: (1) attempt to gain unauthorized access to any account, system, network, server, database, application, or data; (2) bypass, disable, defeat, or circumvent any authentication, authorization, access control, rate limit, security, or usage restrictions; (3) probe, scan, test, or assess the vulnerability of the Sites or any related system or network without Republic Services’ prior written authorization; (4) introduce or transmit any virus, malware, ransomware, Trojan horse, worm, time bomb, corrupted file, malicious code, or other harmful or disruptive component; (5) engage in denial-of-service attacks, credential stuffing, password spraying, phishing, spoofing, social engineering, harvesting of credentials, or similar activity; (6) use any robot, spider, scraper, crawler, data mining tool, automated query, artificial intelligence, machine learning, or other automated process to access, monitor, copy, extract, harvest, train on, or use Content or data from the Sites except as expressly authorized by Republic Services in writing; (7) interfere with or disrupt the use of the Sites by any other user; (8) upload, submit, transmit, or engage in any information, materials, content, or conduct that is unlawful, abusive, harassing, defamatory, obscene, threatening, fraudulent, misleading, infringing, harmful, or otherwise violates this Agreement; or (9) use the Sites, Content, systems, networks, or data for any competitive, unlawful, unauthorized, or abusive purpose. Republic Services may monitor use of the Sites, investigate suspected violations, restrict or suspend access, remove or disable content or functionality, and cooperate with law enforcement, regulators, or affected third parties where Republic Services determines such action is appropriate or required.
Registration; Authentication.
You must satisfy the eligibility requirements described in the “Children and Minors” section to register for or use any Account Services. Certain Account Services require you to register by providing information about yourself or your business, including personal data. You agree to comply with all requirements for creating and maintaining your account, including providing true and accurate information during registration and promptly notifying Republic Services of any changes in your registration information. Republic Services may require you to affirmatively accept this Agreement, any updated version of this Agreement, or any additional terms before creating an account, accessing Account Services, submitting payment instructions, enrolling in paperless invoicing or Autopay, placing orders, or using other Site functionality. By registering for or using an Account Service, you agree that we may disclose any information you provide or that we obtain concerning your use of that Account Service, as described in our Privacy Policy. Republic Services may authenticate the information you have supplied in support of any Account Service before allowing access to or during any interaction with Republic Services or the Sites.
Authorization.
Each time you enter a username and password or access an Account Service through any means: (1) you represent that you have been authorized to use the Account Services by Republic Services; (2) you represent that you are the user assigned to the username and password that is accessing the Account Service; and (3) you agree to be bound by this Agreement. Use of the Account Services is restricted to you and your authorized users. Any orders, service requests, account changes, payment instructions, communication preferences, consents, authorizations, or other actions submitted through Account Services by an authorized user may be treated by Republic Services as authorized by and binding on the applicable customer account or entity. Unauthorized access to an Account Service or misuse of account credentials is prohibited. Republic Services may, at any time and at its discretion, terminate or suspend your use of or access to an Account Service. You are not authorized to use an Account Service in any jurisdiction where the terms of this Agreement are not enforceable.
Account Security.
If you create, receive, or use account credentials for an Account Service, you are responsible for maintaining the confidentiality of your username, password, access information, and authentication credentials and for controlling access to your account and your computer. You are fully liable for all use of the Sites or Account Services accessed through your registration information, including any use by a user not authorized by you, regardless of whether your user information was lost, stolen, or misused. We may require additional authentication measures from time to time, and you agree to comply with those measures. We may also, at our discretion, request that you verify or change your user identification and/or password or we may disable, suspend, or require reset of any username, password, or other credential at any time if we reasonably believe you have violated this Agreement or we reasonably believe your credentials have been compromised. You must notify Republic Services promptly of any unauthorized use of your account or account credentials or any other actual or suspected security breach. Republic Services may rely on any action taken through valid account credentials or other authentication methods as authorized, unless and until Republic Services receives and has a reasonable opportunity to act on notice that the access is unauthorized.
If an account is associated with a company or other legal entity, that entity is responsible for all access to and use of the Account Services by its employees, contractors, agents, administrators, and other authorized users, for maintaining appropriate internal controls over who may access or manage the account, and for promptly updating or removing access for any individual who is no longer authorized to access or manage the account, including due to termination of employment, change in role, or change in relationship with the account holder.
Paperless Invoices.
You may opt into receiving paperless invoices through your account. If you opt in for that service, your invoices will only post to your account electronically and will not be mailed to you. You must provide a valid email address so we can provide notice that your invoice has been posted. The invoice is considered delivered when it is electronically posted to your account. It is your responsibility to check on the delivery of new electronic invoices in your account and make timely payment. Republic Services has no liability in the event an email notice of invoice posting is not received by you for any reason, including failure to send the email notice. Your use of paperless invoices does not affect or alter your service agreement with us or your payment obligation under that agreement.
Republic Services may cancel its presentment of electronic invoices at any time and for any reason. You may opt out of paperless invoices at any time within your account or by calling the customer service number on your invoice. If you opt out of that service, you will receive a paper invoice in the mail.
Payment Services.
You acknowledge that payment processing services may be performed by third-party service providers, and that your use of those services may be subject to additional terms, conditions, and privacy notices of those providers.
You may enable electronic/online payments to us (“Payment Services”) by providing us with your banking account or credit card account information (your “Designated Account”). If the Designated Account is a banking or credit card account for your business, then it must be one for which you are a properly authorized signer. Each time you use the Payment Services to send us a payment instruction, you authorize Republic Services to initiate a message to your bank or credit card provider to charge your Designated Account and to send those funds to us for payment on your Republic Services account so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction. If your payment is received after the due date of the invoice, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us before the due date, then you will remain responsible for any late charges assessed, the same as if you mailed your payment to us and we received it after the due date. This applies even if you are unable to access the Payment Services because of internet issues or temporary unavailability of our servers. Therefore, we recommend that you initiate each payment to us at least four (4) business days before the actual due date (business days are Monday through Friday, except for federal banking holidays). If you use the Payment Services to send us your payment instructions after 5:00 P.M. (Central Time Zone) on a business day, then the Payment Services will treat your instruction as if it was received on the following business day. The day of payment receipt determines the timeliness of your payment, not the day we receive your payment instruction. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying incorrect or false information to us for use with the Payment Services.
All payment obligations remain subject to any service agreement, invoice, statement, or other commercial terms applicable to your services or account. Nothing in this Agreement changes your obligation to pay all amounts due for the services you receive from Republic Services.
Autopay/Recurring Payments.
If you enroll in automatic payments, recurring payments, or similar payment functionality through the Payment Services (“Autopay”), you authorize Republic Services and its payment service providers to initiate recurring charges to your Designated Account in the amounts and on the dates you designate, including for invoices, balances, or other charges due for services provided by Republic Services, until you cancel or modify your Autopay election. You may cancel or modify Autopay from within your account or by such other method as Republic Services may make available. Cancellation or modification may take a reasonable period of time to process and may not affect payments already scheduled or in process. You remain responsible for all amounts due on your account, including any payment that is rejected, returned, reversed, declined, or not completed for any reason.
Contact Preferences. If you provide a mobile telephone number or elect to receive text messages through the Account Services, you agree that Republic Services may send text messages to that number as described in the applicable SMS Terms & Conditions. You may manage certain communication preferences within your account, but opting out of marketing or promotional messages may not stop transactional, service, account, billing, safety, or legally required communications where permitted by law. Consent to receive marketing text messages is not required as a condition of purchasing goods or services. Message and data rates may apply.
Electronic Communications / Exchange of Information.
As a user of the Sites, you may provide or receive information by email or other electronic means. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Republic Services does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error, and we will not use email services, nor should you, to send sensitive data such as payment card or financial account information.
By using the Sites, you consent to receiving communications from us electronically, including notices, disclosures, invoices, and other information related to your use of the Sites, to the extent permitted by applicable law.
Electronic Signatures and Records.
You agree that this Agreement and any notices, disclosures, authorizations, acknowledgments, consents, agreements, records, invoices, payment instructions, and other communications relating to the Sites, Payment Services, paperless invoicing, Autopay, or any transaction conducted through the Sites may be provided, accepted, signed, and retained electronically, to the fullest extent permitted by applicable law. Your electronic acceptance, submission, confirmation, authorization, click-through, use of an e-signature process, use of account credentials, or other electronic action through the Sites will have the same legal effect as a handwritten signature and will satisfy any requirement that a communication, agreement, authorization, or record be in writing or signed. You agree that Republic Services may maintain electronic records of your transactions and communications, and that such electronic records may be used as evidence of your agreement, authorization, instructions, or consent. It is your responsibility to maintain the hardware, software, internet access, email address, and other technology reasonably necessary to access, receive, retain, and print electronic records.
Third-Party Services and Links.
The Sites may include, link to, integrate with, or otherwise make available products, services, applications, platforms, content, functionality, tools, or technology provided by third parties, including payment processors, financial institutions, identity verification providers, analytics providers, mapping providers, customer support tools, messaging providers, hosting providers, and other vendors or service providers (“Third-Party Services”). Third-Party Services may be subject to separate terms, conditions, policies, privacy notices, licenses, or fees imposed by the applicable third party. Republic Services does not control and is not responsible for any Third-Party Services, including their availability, accuracy, performance, security, privacy practices, content, or any act or omission of the applicable third party. Your use of Third-Party Services is at your own risk and may require you to provide information directly to the third party or permit Republic Services to share information with the third party as described in our Privacy Policy or as otherwise disclosed to you. Republic Services may add, modify, suspend, or discontinue access to any Third-Party Services at any time without notice or liability.
Disclaimer of Warranties.
Although Republic Services uses reasonable efforts to maintain the Sites, these are provided to you, “as is” and “as available.” Please read this disclaimer carefully before using the Sites.
YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITES OR ANY MATERIAL AVAILABLE THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK. USERS ARE RESPONSIBLE FOR THEIR USE OF INFORMATION AVAILABLE THROUGH THE SITES AND FOR MAINTAINING BACKUPS OF INFORMATION THEY SUBMIT.
THE MATERIALS ON THE SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, REPUBLIC SERVICES AND ITS AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PAYMENT PROCESSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITES. NOR DO THEY GUARANTEE THAT THE SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITES, OR THE SERVER THAT MAKES THEM AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REPUBLIC SERVICES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES OR IN THIRD-PARTY SITES OR YOUR RELIANCE ON THEM IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL REPUBLIC SERVICES OR ITS AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PAYMENT PROCESSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHER THEORIES OF LAW, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, RELATED TO OR IN ANY WAY ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES OR THEIR CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE SITES; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITES; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF REPUBLIC SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF REPUBLIC SERVICES AND ITS AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PAYMENT PROCESSORS ARISING OUT OF OR RELATING TO THE SITES OR THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
IF YOU BECOME DISSATISFIED WITH THE SITES, OR THE TERMS, CONDITIONS, OR POLICIES GOVERNING THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND REPUBLIC SERVICES, AND THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF REPUBLIC SERVICES, ITS AFFILIATES, AGENTS, AND LICENSORS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless Republic Services, Inc., its parents, subsidiaries, affiliates, licensors, licensees, service providers, payment processors, and their respective directors, officers, employees, agents, representatives, successors, and assigns from and against all liabilities, claims, demands, actions, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (1) your access to or use of the Sites, Account Services, Content, or Third-Party Services; (2) any information, materials, requests, instructions, payment directions, communications, or other content you submit, transmit, or provide through the Sites or Account Services; (3) your violation or alleged violation of this Agreement, any applicable additional terms, or any applicable law, rule, or regulation; (4) your violation, misappropriation, or infringement of any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any third party; (5) any unauthorized access to or use of the Sites or Account Services through your account credentials or by your employees, contractors, agents, administrators, or other authorized users; or (6) your fraud, negligence, willful misconduct, or misuse of the Sites or Account Services. Republic Services may participate in the defense of any indemnified matter at its own expense. You may not settle any indemnified matter in a manner that imposes any liability, obligation, admission, or restriction on Republic Services or any other indemnified party without Republic Services’ prior written consent. You agree to cooperate with Republic Services and the other indemnified parties in the defense of any indemnified matter.
Governing Law; Venue; Jury Trial Waiver.
This Agreement will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law principles or rules. The parties agree that any disputes arising out of or related in any way to this Agreement, including the breach of this Agreement, must be filed in the state or federal courts located in Maricopa County, Arizona. The parties consent and agree to the jurisdiction of the Arizona courts. Neither party will argue or contend that it is not subject to the jurisdiction of the Arizona courts or that venue in Maricopa County, Arizona, is improper. The parties agree to waive any right to a trial by jury in any such dispute and that the matter will be tried solely to the court. The parties understand that they are giving up valuable legal rights under this provision, including the right to trial by jury, and that they voluntarily and knowingly waive those rights.
Miscellaneous.
The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions of this Agreement. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. Any provisions of this Agreement that by their nature should survive expiration, suspension, or termination of this Agreement or your access to or use of the Sites will survive, including provisions relating to intellectual property rights, user obligations, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, venue, electronic records, and miscellaneous terms.
This Agreement, together with the Privacy Policy and any applicable additional terms, service terms, order forms, or transaction documents, constitutes the entire agreement between you and Republic Services with respect to the Sites, except as otherwise expressly stated in this Agreement. It supersedes any proposal or prior agreement, oral or written, and any other communications between you and Republic Services relating to the Sites. If there is a conflict between what a Republic Services employee tells you and the terms of this Agreement, the terms of this Agreement will prevail. Republic Services’ waiver of any breach or default will not waive any earlier or later breach or default.
