Terms of Use
TERMS OF USE
Rogue Disposal & Recycling, Inc., Dry Creek Landfill, Inc., Rogue Waste, Inc., Rogue Transfer & Recycling, LLC, Rogue Shred, LLC, Rogue Clean Fuels, Rogue Compost, and their affiliates (collectively, "Rogue Waste", "we", "our" or "us") maintain various websites and mobile apps (collectively, the "Sites") which provide services and information to you subject to the following terms and conditions ("Terms of Use"). Your use of the Sites and any other feature, content or application offered by the Sites is subject at all times to these Terms of Use, our Privacy Policy and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.
Acceptance of Terms
By accessing the Sites, you agree that you have read, understand and agree to be legally bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please exit the Sites immediately. You may request a copy of these Terms of Use by emailing us at: email hidden; JavaScript is required. Please include the subject, “Terms of Use Agreement”.
In order to participate in certain services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.
Rights to Content and Intellectual Property
The Sites are protected by copyright, trademark, and other laws. Any trademark, service mark, patent, copyright, design, logo or other intellectual property appearing on the Sites is owned by us and may not be used by you without our prior written consent or the prior written consent of the appropriate owner. Except as otherwise provided herein, we or, as applicable, third-party licensors own and retain all rights in the content, materials and design on the Sites.
We hereby grant you a revocable, non-sublicensable license to you for your limited use solely to learn about us and, as allowed under the Sites, request or change service and/or make payments. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites. You may not save or archive materials appearing in or on the Sites. All rights not expressly granted herein are reserved by us.
Permitted Uses of the Sites
The content and information posted on the Sites is provided as information to interested persons and may be used for your personal informational and educational purposes only. Modification or use of the materials for any other purpose may violate our (or a third-party’s) intellectual property rights. The Sites are not intended for your commercial use.
You agree not to use the Sites for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Sites.
Appropriate legal action will be taken for any illegal or unauthorized use of the Sites. Some examples of unauthorized or illegal use of the Sites include, but are not limited to: (i) deleting, modifying, hacking or attempting to change or alter any of the materials on the Sites; (ii) using the Sites for any unlawful purpose; (iii) soliciting others to perform or participate in any unlawful acts; (iv) violating any international, federal, or state regulations, rules, laws, or local ordinances; (v) infringing or violating our intellectual property rights or the intellectual property rights of others; (vi) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vii) submitting false or misleading information; (viii) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (ix) collecting or tracking the personal information of others; (x) engaging in spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (xi) any obscene or immoral purpose; or (xii) interfering with or circumventing the security features of our Sites, other websites, or the Internet.
Any unauthorized use immediately and automatically terminates your right to use the Sites and may subject you to legal liability.
Links to Third Party Sites
The Sites may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third-party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.
Users and Accounts
To use certain features of the Sites, you may need to create an account. If you create an account, you agree you will: (i) create only one account; (ii) provide honest, accurate, current and complete information regarding yourself; (iii) keep your information updated and accurate; (iv) keep your account password private and not share it with others; and (v) notify us if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Sites. We do not guarantee that the Sites are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Sites will survive such termination.
Placing Orders; Billing & Payment
You represent and warrant to us that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Your Representations and Warranties
By using the Sites, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with us; (ii) you are capable of assuming, and do assume, any risks related to the use of the materials on the Sites; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and materials on the Sites.
If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
User-Generated Content
The Sites may now or in the future permit a User to post content to the Sites. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Sites (“User Content”). You represent and warrant that: (i) you own the User Content posted by you on the Sites or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Sites does not result in a breach of any contract between you and a third-party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Sites.
By using the Sites, or tools or applications for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Sites.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. The following is a partial list of additional types of User Content that is illegal or prohibited to post on or through the Sites. Prohibited User Content includes, but is not limited to, User Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains offensive subject matter; (v) solicits personal information from anyone; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses; (vii) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) includes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (ix) solicits passwords from Users or personal identifying information from other Users; or (x) includes a photograph of another person that you have posted without that person’s consent. Prohibited User Content may be removed by us without notice and your posting of such content may result in termination of privileges.
User Content does not reflect our views. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such User Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such User Content on the Sites. At out sole discretion, we reserve the right to reject, refuse to post or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Sites at any time, for any or no reason, with or without prior notice, and without liability.
By creating User Content, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such User Content (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your User Content; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the User Content. No compensation will be paid for the use of your User Content, including, without limit, any photograph you may provide, and your User Content will not be returned to you, and will not be treated as confidential information.
Term
These Terms of Use shall remain in full force and effect while you use the Sites or are registered with the Sites. Even after your registration is terminated by you or us, you continue to remain bound by these Terms of Use to the extent you continue to access the Sites in any capacity and for any use prior to such termination.
Termination of Access
You may terminate your registration at any time, for any reason. In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Sites, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
User Disputes
You are solely responsible for your interactions with other Users of the Sites. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
No Warranties
We attempt to be as accurate as possible. However, we do not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THE SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE AND ANY LICENSORS ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WE RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.
WE MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL WE OR ANY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, OUR REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE OR ANY LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
Indemnification
You agree to indemnify, defend and hold us and our officers, directors, managers, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties," or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Sites.
Release
All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. We reserve our right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.
If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” The limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute and cannot be waived.
Limitations on Actions
You agree that any claim or cause of action arising out of your use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
Notice and Procedure for Making U.S. Claims of Copyright Infringement
We are committed to complying with copyright and related laws, and we require all Users of the Sites to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Sites in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide our designated agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Sites;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: One West Main, #401, Medford, Oregon 97501
Attn: Legal Dept
By E-Mail: email hidden; JavaScript is required
Subject line: DMCA
Miscellaneous
These Terms of Use are governed by U.S. federal law and the laws of the State of Oregon, U.S.A., regardless of your location, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Jackson County, Oregon, U.S.A. in all disputes arising out of or relating to the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Any offer for any product, feature or service made on the Sites is void where prohibited. The Sites may be viewed internationally and may contain references to products or services not available in all countries. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and any account on the Sites are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Sites), constitutes the entire understanding between you and us.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Sites or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
Consumer Information
The provider of the Sites is Rogue Disposal & Recycling, Inc., One West Main St., #401, Medford, OR 97501. To file a complaint regarding the Sites, or to receive further information regarding use of the Sites, send a letter to the above address or contact us via e-mail at email hidden; JavaScript is required (with “Complaint/Information Request” as the Subject Line). For California Residents, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210.
Updates/Changes
We reserve the right to amend these Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other means; provided, however, that any changes will not apply retroactively to any dispute arising prior to the time of the change. You agree to the new posted Terms of Use by continuing your use of the Sites. You agree to review these Terms of Use periodically and your continued use of the Sites following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the Sites.
Privacy Policy
Please see our Privacy Policy for details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.
How to Contact Us
If you have any questions, comments or concerns regarding these Terms of Use, please email us at email hidden; JavaScript is required or write us at One West Main, #401, Medford Oregon 97501 (Atten: Legal Department).
These Terms of Use are effective and were last updated on April 6, 2020.