United Site Services, Inc. (hereinafter “USS”, “we”, “us”, or “our”) is the nation’s leader in portable sanitation rental services. To better meet our customers’ needs we offer credit terms to our customers. Before such credit terms can be secured it is necessary for USS to run a credit check, which requires that USS acquire consumer information (hereinafter “Consumer Reports”) from reporting agencies in connection with permissible purposes under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and all other applicable laws and regulations.
These terms and conditions (“Terms and Conditions” or “Agreement”) governs your access and use of this USS webpage (the “Site”) and USS’s use of Consumer Reports associated with you in connection with your use of our, products, services, and technologies offered via the foregoing (collectively, including the Site, “USS Services”).
You must read this Agreement carefully.
Important Notice Regarding Arbitration
WHEN YOU ACCEPT THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND USS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
By using the USS Services, you agree to be bound by this Agreement. If you don’t agree to be bound by this Agreement, you may not use USS Services.
If you are accessing or using USS Services on behalf of a company or other legal entity (such as a trust or limited liability company of which you are a member), you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, “you” and “your” will refer to that legal entity.
Your use of USS Services is also subject to your agreement to comply with the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., its implementing Regulation V, 12 C.F.R. Part 1022 et seq., and other applicable laws.
We may update this Agreement from time to time in our sole discretion. If we do, we’ll let you know by posting a revised Agreement on the Site along with the effective date, and we may also send other communications. It’s important that you review this Agreement whenever we update it.
If you continue to use USS Services after we have posted an updated Agreement, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use USS Services anymore.
Because USS Services are evolving over time, we may change or discontinue all or any part of USS Services, at any time, at our sole discretion. If at any time you do not agree to any terms within this Agreement, you must stop using USS Services.
4.0 Creating a USS User Account
We may work with third-party payment service providers to establish payment functionality through your USS User Account. When creating your USS User Account, you may be presented with and required to agree to the terms of service and privacy practices of such third-party payment services providers.
By opening a USS User Account, you accept and agree to the following rules:
- You must provide us with accurate, complete, and current account information and keep this information up to date.
- You are prohibited from sharing or transferring your User Account credentials to another user.
- To protect your User Account, you must keep your User Account details confidential. Notify us immediately if you detect unauthorized use, or if you know of or suspect a breach of security.
- You are responsible for all activities that occur under your User Account, whether or not you know about or consent to them.
5.0 Consumer Reports
5.1 Permissible Purposes for Consumer Reports. We hereby certify that we shall request, obtain, and use Consumer Reports about you exclusively for the following permissible purposes under the Fair Credit Reporting Act:
[XX] For credit payment terms, upon the written instructions of the person to whom it relates. See 15 U.S.C. § 1681b(a)(2).
We shall not request, obtain, or use Consumer Reports about you for any other purpose.
5.2 Accurate Information Regarding Consumer Reports. You represent and warrant that the information you provide in order for us to request and obtain a Consumer Report about you will be accurate and complete in all material respects and not misleading and will not omit to state any fact or information which would be material in your reasonable discretion.
6.0 You are responsible for your decisions
USS Services are offered to you upon the express condition that you will remain fully responsible for your own decisions and actions. USS accepts no responsibility for any decisions or actions that you take based upon the information or products provided to you.
7.0 Right to Access and Use the Services and Content
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, any USS service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of USS or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms and Conditions, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the USS Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the USS Services or Content under these Terms and Conditions, or any other rights thereto other than to use the USS Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the USS Services or Content, (b) distribute, publicly perform or publicly display the USS Services or any Content, (c) modify or otherwise make any derivative uses of the USS Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the USS Services or Content, except as expressly permitted by us, (f) use the USS Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the USS Services or servers or networks used in connection with the USS Services; or (h) use the USS Services or Content other than for their intended purposes.
Any use of the USS Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms and Conditions shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of USS or any third party, whether by estoppel, implication, or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the USS Services (or any features or parts thereof) at any time.
8.0 DMCA/Copyright Policy
USS respects the intellectual property rights of others and asks that everyone using the USS Services do the same. It is our policy to terminate access in appropriate circumstances to users who infringe or are believed to be infringing the rights of copyright holders and to handle copyright infringement claims in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe in good faith that any of the content on the USS Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the USS Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
USS’s copyright agent for notice of claims of copyright infringement can be reached as follows:
United Site Services, Inc.
Attn: Legal Department
118 Flanders Road
Westborough, MA 01581
This Agreement will continue to apply to you and your use of our Site or Services until your account or relationship with us is terminated.
Upon any termination, discontinuation, or cancellation of the Services or your User Account, terms, conditions, and restrictions which by their sense and context are intended to survive shall survive.
10.0 Warranty disclaimers
You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE SITE OR USS SERVICES, TO YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE SITE OR USS SERVICES, (B) FOR ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE USS SERVICES, OR (C) OTHERWISE ANY LOSS OR DAMAGED ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THIS AGREEMENT.
THE USS SERVICES AND USS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the USS Services or any USS Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content (including USS Content) on the USS Services.
You will indemnify, defend, and hold harmless USS, its affiliates and its respective officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the USS Services; (b) your User Content; (c) your breach or violation of this Agreement; (d) your violation of any regulation or law; (d) your negligence, misconduct, recklessness, errors or omissions.
12.0 Limitation of liability; Waiver
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your use of the Site remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER USS, ANY AFFILIATE, OR ANY OTHER OF ITS SERVICES PROVIDERS OR THIRD PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE SITE OR USS SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OR INABILITY TO USE THE SITE OR USS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF USS, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE FEES YOU HAVE PAID USS IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN USS AND YOU. BOTH PARTIES AGREE THAT THE PRICES AFFORDED YOU ARE PREMISED ON THIS CAP ON DAMAGES. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF DAMAGES SET FORTH ABOVE DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
13.0 Dispute resolution
13.1 Governing law. This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Massachusetts, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this “Dispute resolution” section, the exclusive jurisdiction for all Disputes (defined below) that you and USS are not required to arbitrate will be the state and federal courts located in Worcester County, Massachusetts, and you and USS each waive any objection to jurisdiction and venue in such courts.
13.2 Class waiver. YOU AND USS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If the parties’ Dispute is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute resolution” section shall be null and void.
13.3 Arbitration of disputes. You and USS agree that any claim, controversy, or dispute arising out of or relating to this Agreement, or the breach, enforcement, interpretation, termination, or validity of this Agreement, or use of the Site, USS Services, or USS Content (collectively “Disputes”)will be resolved solelyby binding, individual arbitration and not in a class, representative, or consolidated action or proceeding, except that you and USS retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights (hereinafter an “IP Protection Action”).
13.4 Arbitration rules. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION ("AAA") in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this “Dispute resolution” section. (The AAA Rules are currently available at www.ADR.org/ARB_MED or by calling the AAA at 800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.5 Arbitration process. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. (The AAA provides a general demand for arbitration and a separate demand for arbitration for California residents, each at www.adr.org). The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this “Dispute resolution” section, and will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules.
13.6 Arbitration location and procedures. Unless you and USS otherwise agree, the arbitration will be conducted in the county or state where you reside. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the in-terpretation, applicability, enforceability, and scope of this arbitration agreement.
13.7 Arbitration fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
13.8 Injunctive and declaratory relief. Except as provided in “Arbitration of Disputes” section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
13.9 Severability. With the exception of any of the provisions in the Class Action Waiver section above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
14.0 General terms
14.1 Ownership of USS Services. USS and its licensors exclusively own all right, title, and interest in and to the USS Services, including all associated intellectual property rights. You acknowledge that the USS Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the USS Services.
14.3 Independent contractor. Each party is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of or in the name of the other party or to bind the other party in any manner.
14.4 Force majeure. The obligation of USS to perform under this Agreement shall be excused if caused by matters beyond its reasonable control, including, without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities, or common carriers.
14.5 Severability. With the exception of any of the provisions in the “Class Waiver” subsection above, if any provision of this Agreement is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute resolution" section above or by court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
14.6 Assignment rights. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. USS may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
14.7 No third-party beneficiaries. Except as specifically provided for herein, this Agreement shall not confer any rights or remedies upon any person other than the parties hereto and their respective successors and permitted assigns.
14.8 Notices. To the fullest extent of the law, any notices or other communications provided by USS under this Agreement, including those regarding modifications, will be given to you by via email or by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
14.9 No waiver. USS's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of USS. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.