Terms of Service

Welcome to  WasteMate.com, the website and online service of Edison Code, LLC (“Edison Code”).

By accessing or using the Service (defined below), you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement”) and to the collection and use of your information as set forth in the WasteMate.com Privacy Policy, whether or not you are a registered member of our Service. This Agreement applies to all visitors, users, and others who access the Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. SERVICE

a. Service Description. WasteMate.com is a platform accessed via web and mobile application, which facilitates efficient scheduling, routing, billing, account management and customer acquisition (collectively the “Service(s)”).

b. Accounts. Your WasteMate account gives you access to the Services and functionality associated with your membership type and/or membership package level that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, and these different accounts may have different functionalities available to them. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Edison Code immediately of any breach of security or unauthorized use of your account. Edison Code will not be liable for any losses caused by any unauthorized use of your account.

You may authorize individuals to use the Services (each, a “User”). Each User will identify a username and password for the User’s account on the Services.  A User’s password may not be shared with any other individual; and a username may be cancelled or reassigned to a new individual replacing one who no longer requires ongoing use of the Services.  From the group of Users authorized by you, you will identify an individual User’s account to serve as the administrative account for you on the Services. Each administrative account represents a separately administered waste hauling service, such as may fit the needs of a whole company with one or more locations, or a business unit within a company. Each User is responsible for safeguarding the password that he or she uses to access the Services. We cannot and will not be liable for any loss or damage arising from a User’s failure to comply with the above.

By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by selecting the opt-out option made available to you in the footer of any such email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

c. Eligibility. This is a contract between you and Edison Code. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Edison Code, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are accepting this Agreement and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Edison Code.

2. RESTRICTIONS AND RESPONSIBILITIES

a. You agree to not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by Edison Code or authorized within the Service); use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.  With respect to any Software that is distributed or provided to you for use on your premises or devices, Edison Code hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Service.

b. You represent, covenant, and warrant that you will use the Service only in compliance with Edison Code’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.  You hereby agree to indemnify and hold harmless Edison Code against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Service. Although Edison Code has no obligation to monitor your use of the Service, Edison Code may do so and may prohibit any use of the Service it believes may be (or alleged to be) in violation of the foregoing.

c. You will be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software - including access to the EnCORE™ platform, operating systems, networking, web servers and the like (collectively, “Equipment”).  you shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all users of your account or the Equipment with or without your knowledge or consent.

3. PAID SERVICES

a. Paid Services. Subject to the terms of this Agreement, an applicable ordering document specifying the Services to be provided (an “Order Form”), and payment of applicable fees stated therein, Edison Code grants you a non-exclusive, non-transferable, non-sublicensable right to use the Service, solely for your internal use during the term of this Agreement. Edison Code reserves all rights not expressly granted herein in the Service and Edison Code Content (as defined below).

b. Usage Limits. The Service is subject to usage limits, for example, each subscription to the Service has entitlement to usage limits more fully described in the Pricing section of the Edison Code website (available at: https://www.wastemate.com/pricing) and the Service may not be accessed in a way that exceeds the specified contractual usage limits.  If you exceed a contractual usage limit, you agree to promptly execute an Order Form for additional quantities of the applicable Service and/or pay any invoice for excess usage. Additional quantities of the Services may be added during a subscription term prorated for the portion of that subscription term remaining at the time the additional quantities are added. Any added quantities will terminate on the same date as the underlying subscriptions.

c. No Refunds. Notwithstanding any contrary terms in this Agreement or an applicable Order Form, the subscription fees paid for the Services are non-cancelable and non-refundable. The number of User subscriptions specified in this accepted Agreement and/or an Order Forms cannot be decreased prior to the end of the then-current term, regardless of any termination, non-payment, non-use or other conduct or inaction.

4. FREE SERVICES

If you receive a free or unsubscribed access subscription (“Free Access Subscription”) to the Service, then you may use the Service in accordance with the terms and conditions of this Agreement for the period designated in the Order Form or otherwise by Edison Code. Edison Code may terminate or immediately suspend your Free Access Subscription at any time for any reason without liability to you or if you go above your monthly usage allocations. You acknowledge your Free Access Subscription may not be complete or fully functional and may contain bugs, errors, omissions and other problems. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EDISON CODE WILL HAVE NO WARRANTY, INDEMNITY OR SUPPORT OBLIGATIONS WITH RESPECT TO FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES.

5. MOBILE SOFTWARE

a. Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. WasteMate does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. WasteMate hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one WasteMate account on one mobile device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that WasteMate may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and WasteMate or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. WasteMate reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and WasteMate Service.

 

b. Mobile Application Marketplaces. The following applies to any Mobile Software you acquire from the iTunes Store, the Android Market, or any other similar marketplace for mobile applications (“Sourced Mobile Software”): You acknowledge and agree that this Agreement is solely between you and Edison Code, not the proprietor of such marketplace (each a “Proprietor”), and that Proprietor has no responsibility for the Sourced Mobile Software or content thereof. Your use of the Sourced Mobile Software must comply with the applicable terms of service for the marketplace from which you downloaded the Sourced Mobile Software. You acknowledge that Proprietor has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Mobile Software. In the event of any failure of the Sourced Mobile Software to conform to any applicable warranty, you may notify Proprietor, and Proprietor will refund the purchase price for the Sourced Mobile Software to you; to the maximum extent permitted by applicable law, Proprietor will have no other warranty obligation whatsoever with respect to the Sourced Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Edison Code as provider of the software. You acknowledge that Proprietor is not responsible for addressing any claims of you or any third party relating to the Sourced Mobile Software or your possession and/or use of the Sourced Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Sourced Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to WasteMate as provider of the software. You acknowledge that, in the event of any third-party claim that the Sourced Mobile Software or your possession and use of that Sourced Mobile Software infringes that third party’s intellectual property rights, Edison Code, not Proprietor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Edison Code acknowledge and agree that Proprietor, and Proprietor’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Sourced Mobile Software, and that, upon your acceptance of the terms and conditions of this Agreement, Proprietor will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Mobile Software against you as a third-party beneficiary thereof.

 

6. PROPRIETARY RIGHTS

a. Our Proprietary Rights. As between you and Edison Code, Edison Code and its licensors exclusively own all right, title and interest in and to the Service, including without limitation any improvements thereto, updates, and all materials therein or transferred thereby, including, without limitation, software, customizations, improvements, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the "Edison Code Content"); any software, applications, inventions or other technology developed in connection with Implementation Services or support; and all Intellectual Property Rights (as defined below) related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights (as defined below), and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Edison Code Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

b. Your Proprietary Rights. As between you and Edison Code and subject to Section 6(d) below, you own all right, title and interest in and to the Customer Data (as defined below) and all data and content embedded thereon or contained therein (excluding the Service), and any Intellectual Property Rights for any of the foregoing embodied therein. “Customer Data” means any profile information, data, and other content or information provided by you to Edison Code. To the extent necessary for Edison Code to provide you with the Service, you hereby grant, Edison Code a non-exclusive, royalty-free license to host, copy, transmit and display Customer Data, solely for the purpose of providing the Service to you in accordance with this Agreement.

c. Notwithstanding anything to the contrary, Edison Code shall have the right to collect and analyze data and other information relating to the provision, use and performance of the address geocoding aspects of the Service and related systems and technologies (including, without limitation, information concerning Customer Data that you originate and data derived therefrom), and  Edison Code will be free (during term hereof) to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other Edison Code offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.  

d. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Edison Code under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Edison Code does not waive any rights to use similar or related ideas previously known to Edison Code, or developed by its employees, or obtained from sources other than you.

7. PAYMENT OF FEES

a. You will pay Edison Code the then applicable fees described in the Order Form for the Service, as well as any fees for associated implementation services, as further defined in an applicable Statement of Work (“Implementation Services”), in accordance with the terms therein (the “Fees”).  If your use of the Service exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agrees to pay the additional fees in the manner provided herein.  Edison Code reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then‑current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Edison Code has billed you incorrectly, you must contact Edison Code no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.  Inquiries should be directed to Edison Code’s customer support department.

b. Edison Code may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Edison Code thirty (30) days after the mailing date of the invoice.  Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all taxes associated with Service other than U.S. taxes based on Edison Code’s net income.

8. TERM AND TERMINATION

a. Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

b. In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement.  You will pay in full for the Service up to and including the last day on which the Service are provided.  All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

c. Upon receiving your notice to terminate this Agreement, we will deactivate your account for thirty (30) days (the “Deactivation Period”). In the event that you decide to not terminate your account on the Service during the Deactivation Period and assuming you have paid in full for the Service, you can elect to restart the Service during that time. Upon completion of the Deactivation Period, we may begin to delete your Content from our systems.

9. WARRANTY AND DISCLAIMER

Edison Code shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner which minimizes errors and interruptions in the Service and shall perform the Implementation Service in a professional and workmanlike manner.  Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Edison Code or by third-party providers, or because of other causes beyond Edison Code’s reasonable control, but Edison Code shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.  However, Edison Code does not warrant that the Service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Service.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. PRIVACY

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.

11. SECURITY

Edison Code cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Our web and mobile applications use the HTTPS protocol to communicate directly with our third-party service providers including, but not limited to, EnCore™,  Parse and the WasteMate API, which runs on Microsoft Azure (“Azure”) and will be maintained in accordance with their applicable terms and conditions.

12. THIRD-PARTY LINKS AND INFORMATION

The Service may contain links to third-party materials that are not owned or controlled by Edison Code. Edison Code does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Edison Code’s Privacy Policy do not apply to your use of such sites. You expressly relieve Edison Code from any and all liability arising from your use of any third-party website, service, or content.

13. INDEMNITY

You agree to defend, indemnify and hold harmless Edison Code and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

14. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. DISPUTE RESOLUTION

a. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Luis Obispo County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Edison Code. For any dispute with Edison Code, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Edison Code has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Luis Obispo County, California, unless you and Edison Code agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Edison Code from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WasteMate ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

16. MISCELLANEOUS

a. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Edison Code without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

b. Notice and Updates. Edison Code may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by WasteMate in our sole discretion. Edison Code reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Edison Code is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Edison Code may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and attempt to notify you upon the your Term renewal. All material changes to this Agreement will be effective upon posting if you are a non-registered User and upon the next renewal of your Term if you are a registered User. Your continued use of the Service after the effective date of any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

c. Entire Agreement / Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Edison Code in connection with the Service, shall constitute the entire agreement between you and Edison Code concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

d. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

e. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Edison Code’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

f. Contact. If you have questions about this Agreement, please email us or by write to us at: Edison Code, LLC, 1915 Fieldstone Circle, Paso Robles, California 93446.

This Agreement was last modified on December 21, 2015.