Terms & Conditions
Sensor, Services, & Reporting Terms and Conditions, June 15, 2021
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
1. Definitions of “Sensors”, “Services”, and “Reporting Services”.
WasteWiser (herein referred to as “WW”) as used in this Tracking Service, Tracking Sensors, and Reporting Services Terms and Conditions (the “Terms and Conditions”) is defined to include WW and its respective shareholders, directors, officers, employees, agents, parent companies, affiliates, subsidiaries, and sub-Service Agreementors, which sub-Service Agreementors may include, without limitation, the sensor Unit(s) (defined herein) providing the Tracking Service (defined herein) and the Reporting Service (defined herein). FOR CLARITY, IT IS THE INTENTION OF THIS AGREEMENT THAT THE DISPUTE RESOLUTION, LIMITATION OF LIABILITY, THIRD PARTY INDEMNIFICATION, WAIVER OF SUBROGATION, WAIVER OF JURY TRIAL AND CLASS ACTION WAIVER CONTAINED IN THIS AGREEMENT INURE TO THE BENEFIT OF WW AND ITS SERVICES AND PROVIDERS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE SERVICES AND PROVIDERS PROVIDING THE SERVICES ARE ENTITLED TO THE BENEFIT OF, RELY UPON, AND ENFORCE THOSE CLAUSES, ALONG WITH ANY OTHER CLAUSES IN THIS AGREEMENT, IN THE EVENT OF ANY DEMAND, CLAIM, LAWSUIT, DISPUTE RESOLUTION OR OTHER LEGAL ACTION BY YOU OR ANY THIRD PARTY AGAINST THE WW AND/OR ITS SERVICE(S) PROVIDER(S).
“Tracking Sensor(s)” as used in these Terms and Conditions are defined as WW’s tracking hardware, i.e., the WasteWiser “OWLTM” sensor, and networking systems that include OWL sensor unit(s) and all other parts, components, devices, intermediaries, and interface(s) supplied by WW at any time for use by Subscriber(s).
“Tracking Services” as used in these Terms and Conditions is defined to include WW firmware, software, custom programming, application(s), website(s), and Remote Access Service(s), as defined in the Terms and Conditions , used by you with the OWLTM Sensors and Reporting Services.
“Reporting Service(s)” as used in these Terms and Conditions is defined as the WW Reporting Services operating via its proprietary networking systems, including its sensor unit(s), and their customizations for use by you with the OWLTM Sensors and Tracking Services.
2. Entire Agreement.
3. Consent to Electronic Contact.
You consent to receive emails at the email address(es) provided to WW for any purpose relating to the Agreement including, without limitation, information relating to the Subscription Sensors and Services and any notifications from WW as provided for, or permitted within, this Agreement (“Notification Purpose(s)”). You also consent to receive such information on your enabled wireless device (such as a smart phone or tablet) through the WW application, or through a personal computer. Further, you agree that WW may contact you at the telephone number(s) you provided for any Notification Purpose, and that contact may be made using any method, including telephone calls, automatic telephone dialing systems, or text or email messages sent to your enabled wireless device. You also represent that when you provide us with a telephone number or an email address for yourself, your emergency contacts or any other third party, that you and any individuals for whom you have provided WW with a telephone number or an email address consent to receive service-related text messages, telephone calls, and emails for any Notification Purpose. You will be responsible for any message and data rates that may apply. You agree to notify WW immediately in the event of any change to any of the email addresses or telephone numbers you provided and further agree and understand that WW’s ability to provide notification(s) is central to delivering the value for which you have subscribed. You agree to regularly check your voice messages, text, and e-mail messages for communications from WW. WW is not responsible in the event of inaction on the part of subscriber(s) related to WW’s notifications.
4. Limitation of Liability, WW and Sensors and Services and Services Provider(s).
YOU UNDERSTAND AND AGREE THAT THE SENSORS AND SERVICES ARE DETECTION AND NETWORKED NOTIFICATION SENSORS AND SERVICES. THE SENSORS AND SERVICES DO NOT ELIMINATE OCCURRENCES OF FAILED HAULER NOTICES, ACCOUNTABILITY FOR HAULER NOTICES, MISSED PICK UP EVENTS, OVERLOADED CONTAINER REPORTS, MARKET RATE PRICING, FIRES, FLOODS, BURGLARIES, DAMAGES TO PROPERTY AND/OR REAL ESTATE, AND/OR INJURIES, AND YOU AGREE NOT TO PURCHASE OR RELY ON SENSOR AND SERVICES TO SO ELIMINATE SUCH OCCURRENCES OF EVENTS. FURTHER, YOU UNDERSTAND AND AGREE THAT THE SENSORS AND SERVICES VERIFICATIONS AND REPORTS MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, WW MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THE SENSORS AND SERVICES WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.
YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF WW, AND/OR THE PRODUTS AND SERVICES PROVIDER(S) IS/ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF SERVICE AGREEMENT, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF THE LIMITED WARRANTY HEREIN, NEGLIGENCE OF ANY KIND OR DEGREE OF WW, THE TRACKING SERIVCE OR THE TRACKING REPORTING SERVICE PROVIDER STRICT SENSOR LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY (EXCEPT WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE OF WW, THE SENSORS AND SERVICES PROVIDER IN THOSE STATES/PROVINCES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE) ARISING FROM, OR RELATING TO, THIS AGREEMENT FOR THE SENSORS AND SERVICES, THE MAXIMUM LIABILITY OF WW, THE SENSORS AND/OR SERVICE PROVIDER(S) WILL BE LIMITED TO THE GREATER OF (I) ONE HUNDRED FIFTY DOLLARS ($150.00) USD; OR (II) FIVE (5) TIMES THE TOTAL MONTHLY CHARGES (EXCLUSIVE OF TAXES AND SHIPMENT) FOR THE CONTAINER SPECIFIC SENSOR(S) AND SERVICES ONLY, PURCHASED BY YOU, WHICHEVER IS LESS, AND THIS LIABILITY SHALL BE SOLE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, AMONG OTHER THINGS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PERSONAL INJURY, LOSS OF LIFE, PROPERTY DAMAGE, ECONOMIC LOSSES, CROSS-CLAIMS AND OTHER CLAIMS FOR INDEMNITY AND CONTRIBUTION, AND THE CLAIMS OF THIRD PARTIES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED OR INTERPRETED IN A MANNER WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE.
5. Waiver of Subrogation for WW, The Sensors and Services Providers.
You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. To the fullest extent permitted by applicable law and the applicable policy or policies of insurance you obtain and maintain, you release WW, the Sensors and Services Providers from all liability for any loss, occurrence, event or condition covered by your insurance.
6. Third Party Indemnification for WW, The Sensors and Services providers.
THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD WW AND THE SENSOR AND SERVICE PROVIDERS HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST WW, THE SENSOR AND SERVICE PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, AND THE SENSOR AND SERVICES (A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF WW, THE SENSOR AND SERVICE PROVIDERS ) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY WW, THE SENSOR AND SERVICE PROVIDERS RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF WW OR THE SENSOR AND SERVICES PROVIDERS BREACH OF SERVICE AGREEMENT(S) OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF WW, THE SENSOR AND SERVICE PROVIDERS OR GROSS NEGLIGENCE OF WW, THE SENSOR AND SERVICE PROVIDERS IN THOSE STATES/PROVINCES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, BUT IS NOT LIMITED TO, ANY PERSON OR ENTITY WHO DID NOT ELECTRONICALLY SIGN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, A VENDOR, THIRD-PARTY SUPPLIER, SPOUSE, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, WASTE HAULING ENTITY, GOVERNMENT ENTITY, EMPLOYEE, OR INSURANCE COMPANY.
7. Limited Warranty for OWLTM Sensors.
7.1 Limited Warranty. This is a "Limited Warranty" which gives you specific legal rights to the fullest extent permitted by applicable law. You may also have other rights, which vary from jurisdiction to jurisdiction. Please keep your dated sales receipt; subject to applicable law, it is required for all Limited Warranty requests. Subject to applicable law, any dispute or controversy regarding this Limited Warranty arising from your use of our Sensors and Services will be resolved by final and binding bilateral arbitration in accordance with the DISPUTE RESOLUTION section of WW’s Terms of Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IF APPLICABLE LAW DOES NOT PERMIT WW TO LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH STATUTORY OR IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF ONE (1) YEAR FROM THE DATE OF YOUR PURCHASE OF THE TRACKING SENSOR.
7.2 What the Warranty Covers. For a period of one (1) year from the date of your purchase of the Sensors and Services WW will, at its sole option, repair or replace any part or component of the subscriber-installed unit(s) that malfunctions due to defective parts at no charge to you. This Limited Warranty is not transferrable or assignable by you and (subject to applicable law) applies only to the original consumer purchaser. WW may, in its sole discretion, make any repair or replacement with new or refurbished parts or components. If the part or component requiring repair or replacement is no longer available, WW may, in its sole discretion, replace such part or component with a similar part or component of similar features, functions and quality.
7.3 What the Warranty Does Not Cover. The Limited Warranty shall not apply to any of the following causes and events: damage due to misuse, abuse, failure to follow instructions and specifications, negligence, casualty (e.g., fire) or acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), and consumable parts (including batteries) are not covered by this Limited Warranty. Unauthorized service or modification(s) by Subscriber or third-party installed unit(s) or any component will void this Limited Warranty in its entirety. This Limited Warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this Limited Warranty does not cover any losses, injuries to persons, loss of property or other monetary damages. This Limited Warranty does not apply if you purchase a pre-owned Sensor, purchase a Sensor from any unauthorized seller, or purchase of a Sensor from third party sellers on eBay or other online marketplaces or sources. WW strongly suggests that you do not buy Sensors from any unauthorized sellers, as the Sensor may be used, defective, counterfeit, discharged, hacked, or may not be designed for use in your location. This Limited Warranty covers only WW Sensors and is not extended to other equipment, components, or devices that a Subscriber uses in conjunction with the Tracking Sensor.
7.4 How to Obtain Limited Warranty Service/Replacement. To obtain the benefit of the above Tracking Sensor's Limited Warranty please contact WW support at: firstname.lastname@example.org or +1(800) 656-1918 (US). For Limited Warranty requests, please be prepared to describe the Tracking Sensor that needs service, its unique ID number, the nature of the problem and to provide proof of purchase. You will also be required to return or properly dispose of your existing Sensor in accordance with directions that will be provided by WW. WW has no warranty or other obligations with respect to any Sensor that is excluded from the Limited Warranty pursuant to the Terms and Conditions, as reasonably determined by WW, and you agree to arrange and pay for shipping to return the Sensor to WW of so required, and the shipping costs for WW to return the serviced and/or replacement Sensor back to you. Any claim under this Limited Warranty must be submitted to WW before the end of the Limited Warranty period described in these Tracking Sensors Terms and Conditions; time being of the essence. Please allow up to fourteen (14) business days for your Limited Warranty request to be processed.
8. Remote Access Service.
You may choose to use the WW application to remotely determine the status of our Sensor(s), receive real-time alerts, and utilize other features, functionalities and benefits of the Sensor (the “Remote Access Service”) through a compatible, portable, enabled electronic device like a smart phone or tablet, or through a personal computer (the “Electronic Device”). It is your sole responsibility to assure that your Electronic Device is at all times compatible with the Remote Access Service.
When using the Remote Access Service, it is your responsibility to monitor our Sensor, or have another person you trust monitor our Sensor, and respond appropriately to all information and events received while using the Remote Access Service. It is likewise your responsibility to ensure that, while using the Remote Access Service, notifications from the Sensor (including any event messages) can be relayed to you and your designated contacts. Further, it is your responsibility to determine the appropriate response to all information and events you receive while using the Remote Access Service and you accept that you are entirely responsible for your response and that of your designated contacts. If your response to information and events while using the Remote Access Service incurs costs, you accept full liability for those costs. If you receive notice and suspect any missed pick-ups, overflows, container services, movement, or similar reporting occurrences while using the Remote Access Service, you should contact your service provider for appropriate response service.
9.1 The Tracking Service.
During the Term of the Tracking Service, WW monitors signals transmitted from its Sensor (as defined in Section 8, of the Tracking Terms and Conditions) expressly certified and approved by WW to be compatible with the Tracking and Reporting Services.
9.2 Certified and Approved Devices Only.
YOU UNDERSTAND AND AGREE THAT THE TRACKING SERVICE WILL ONLY WORK WITH OWLTM SENSORS EXPRESSLY CERTIFIED AND APPROVED BY WW TO BE COMPATIBLE WITH THE TRACKING SERVICE. IF YOU HAVE SELECTED THE TRACKING SERVICE, YOU HEREBY RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF ANY THIRD-PARTY DEVICES THAT ARE NOT EXPRESSLY CERTIFIED AND APPROVED BY WW TO BE COMPATIBLE WITH THE TRACKING SERVICE.
9.3 Permitted Uses.
YOU HEREBY UNDERSTAND AND AGREE THAT TRACKING SERVICE IS INTENDED FOR USE ONLY AT THE LOCATION OF YOUR REGISTERED ADDRESS AND/OR BUSINESS LOCATION COMMERCIAL ADDRESS WHERE THE TRACKING SENSOR IS INSTALLED AND REGISTERED BY YOU THROUGH WW’S INTERFACE(S). THE REPORTING SERVICE WILL NOT FUNCTION IF ANY OF THE TRACKING SENSORS ARE INSTALLED OR USED AT ANY LOCATION OTHER THAN THE REGISTERED ADDRESS OR COMMERCIAL ADDRESS, BOTH OF WHICH REQUIRE COMPLETE SERVICE INFORMATION INPUT TO QUALIFY FOR ACTIVATION. PLEASE BE WARNED THAT IF YOUR REGISTERED ADDRESS OR COMMERCIAL ADDRESS IS NOT CORRECT OR CURRENT, THE TRACKING SERVICE WILL BE UNABLE TO COORDINATE YOUR SERVICE TRACKING AND UNABLE TO PROVIDE SUBSTANTIAL BENEFITS FOR THE LOCATION AT WHICH OUR OWLTM SENSOR IS LOCATED AND INSTALLED. ENTRY OF AN INCORRECT LOCATION MATCH FOR THE TRACKING DEVICE WILL RESULT IN INCORRECT REPORTING AND ANALYSIS FOR YOUR USE. YOU ACKNOWLEDGE THAT THE TRACKING SERVICE IS NOT INTENDED FOR USE AT A LOCATION OTHER THAN YOUR REGISTERED ADDRESS OR COMMERCIAL ADDRESS, AND YOU AGREE NOT TO SO USE THE TRACKING SERVICE AT ANY OTHER LOCATION WITHOUT PROVIDING FULL REGISTRATION INFORMATION. IF YOU HAVE SELECTED THE TRACKING SERVICE, YOU HEREBY RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF OWLTM SENSORS AND/OR TRACKING SERVICES AT A LOCATION OTHER THAN YOUR REGISTERED ADDRESS OR ELIGIBLE COMMERCIAL ADDRESS. YOUR USE OF TRACKING SERVICES AND SENSOR(S) IS PREDICATED UPON YOUR GUARANTEE THAT YOU AND/OR YOUR ORGANIZATION POSSESS FULL RIGHTS AND AUTHORITY TO MONITOR THE SERVICE AND EQUIPMENT UNDER YOUR CARE, CUSTODY, CONTROL AND/OR OWNERSHIP.
9.4 Address Verification Required.
WW and the Tracking Service utilize an address verification system in an effort to verify your Registered Address to reduce the risk of fraud and help ensure that service providers for current service(s) and service providers interested in quoting new and/or replacement service(s) have the correct address and services information. YOU UNDERSTAND AND AGREE THAT, UNTIL YOUR REGISTERED ADDRESS IS SO VERIFIED, THE TRACKING SERVICE WILL NOT BE AVAILABLE FOR OUR OWLTM SENSOR AND THE TRACKING SERVICE WILL NOT RECEIVE ANY TRACKING SIGNALS FROM OUR OWLTM SENSOR. YOU HEREBY AGREE TO RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF THE TRACKING SERVICE WHILE YOUR REGISTERED ADDRESS IS BEING VERIFIED AND UNTIL YOUR TRACKING SERVICE HAS BEEN ACTIVATED.
9.5 Registration Requirements.
For the Tracking Service, you are solely responsible for keeping, and hereby agree to keep, your WW account updated with the current service and hauler provider information. Further, you are responsible for any fines and penalties that may be assessed by the applicable government, municipal authorities, waste hauling service providers, and/or other third parties against you, WW or the OWLTM Sensor arising from your failure to obtain, maintain and renew, as required, services to properly collect and remove materials from the service location. To the fullest extent permitted by applicable law, you hereby expressly authorize WW to charge the payment card associated with your Tracking Service account the full amount of any such fines or penalties assessed against WW or the Tracking Service. If the applicable local government requires WW to obtain, maintain and renew a permit or registration for our OWLTM Sensors, then WW may request pre-payment from you for any such fees imposed by the applicable local government for obtaining, maintaining or renewing any such required permits or registrations. You hereby agree to promptly pay WW for any such pre-payment request, or authorize WW to charge the payment card associated with your Tracking Service account. Further, you understand and agree that WW may elect, in its sole discretion, not to proceed with obtaining, maintaining or renewing any such required permits or registrations until you have made such pre-payment, and, in that event, service providers may not respond to requests from the Tracking Service for dispatch, and/or fines and penalties may be levied by the applicable local government, for which you agree to be solely responsible for paying. If WW pays any fees imposed by the applicable government entity(ies) for obtaining, maintaining or renewing any such required permits or registrations, you agree to promptly reimburse WW, upon request, for any such fees, and, to the fullest extent permitted by applicable law, you hereby expressly authorize WW to charge the payment card associated with your Tracking Service account for any such fees. Once again, you are solely responsible for keeping, and hereby agree to keep, your WW account updated with the current permit or service registration information required for collection. YOU HEREBY AGREE TO RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY DELAY OR ANY FAILURE OR REFUSAL OF SERVICE PROVIDERS TO SERVICE ALTERS REGARDIGN YOUR REGISTERED ADDRESS, DUE TO ANY FAILURE BY YOU TO OBTAIN, MAINTAIN AND/OR RENEW ANY REQUIRED PERMIT OR REGISTRATION FOR OUR OWLTM SENSOR AND/OR TRACKING SERVICE.
9.6 Initial Test Status.
AFTER OUR OWLTM SENSOR HAS BEEN INSTALLED, IS OPERATIONAL, AND COMMUNICATING WITH THE TRACKING SERVICE, THE TRACKING SERVICE WILL PLACE YOUR ACCOUNT INTO A SEVEN (7) DAY TEST STATUS AND THE TRACKING SERVICE WILL BEGIN REPORTING FULLY AFTER COMPLETION OF THE INITIAL TEST PERIOD. YOU MAY RECEIVE PERIODIC COMMUNICTIONS REGARDING THE FUNCTIONING OF YOUR INSTALLED UNIT DURING THIS PERIOD. YOU THEREFORE UNDERSTAND THAT THE TRACKING SERVICE MAY NOT RESPOND OR REPORT ANY SIGNAL RECEIVED FROM OUR OWLTM SENSOR BEFORE THE COMPLETION OF THE INITIAL TEST PERIOD, EVEN IF ACTUAL SERVICES HAVE OR HAVE NOT OCCURRED BASED ON YOUR DATA ENTRY OF DEVICE INFORMATION. YOU HAVE THE OPTION OF OPTING-OUT OF THE INITIAL TEST PERIOD AND MAY USE REPORTS PRIOR TO THEIR ACCURACY CONFIRMATION BY THE MONITIORING SERVICE. YOU HEREBY AGREE TO RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, THE UNAVAILABILITY OF THE TRACKING SERVICE DURING THE INITIAL TEST PERIOD.
9.7 How the Tracking Service Works.
The Tracking Service consists of (a) continuous (i.e., 24 hours a day, seven days a week) vigilant Sensor for purposes of receipt by the Tracking Service of any listed signal codes from the Sensor, (b) the processing and mathematical manipulation of the Sensor’s data and comparison of data to that of other users to determine an array of notifications that, (c), provide notification to you, and/or your designated contacts of various reports selected by you to be sent by the Tracking Reporting service, in addition to (d) adding complimentary data to WW’s proprietary database for further analysis and extraction. Notification to you and your contacts may be made by one or more means, to include: calls to the telephone numbers, emails to the email addresses and text messages to the wireless devices you provide WW for yourself and your designated contacts.
So that the Tracking Service can be performed, you must provide WW with all the information it and/or the Tracking Service requests for you and your designated contacts, and notify WW immediately with any change to any of that information. You agree that any person that you have designated as a contact is authorized to act on your behalf, and has the authority to receive and/or react as needed to the report(s) it receives by the Tracking Service prior to, after, or contemporaneously with notifications. You understand and agree that WW and the Tracking Service will rely, and are entitled to rely, solely on the contact and other information you provide for yourself and your designated contacts.
Upon receipt of data from the OWLTM Sensor, the Service will process it and the Reporting Service will issue reports to you and/or your designated contacts within a commercially reasonable period of time in accordance with customizations you may have requested and the policies and procedures of the Tracking Service. In the case of notification to you, if your response indicates further action and/or notification(s) are required and approved by you, the Tracking Service will then make commercially reasonable efforts to so take action. In the case of notification to your designated contacts, third-parties, and/or waste service providers, it will also make commercially reasonable efforts to notify them. The Notification Protocol shall be determined by you during your account set up and OWLTM Sensor provisioning process.
The Tracking Service may, in its reasonable discretion, and notwithstanding anything to the contrary herein, attempt to contact you and/or your designated contacts to verify that a signal is not a false tracking signal based on the Tracking Service’s sole determination. IF THE TRACKING SERVICE HAS REASON TO BELIEVE THAT NO ERROR CONDITION(S) EXIST, IT MAY ELECT, IN ITS REASONABLE DISCRETION TO NOT TO NOTIFY YOU OR YOUR DESIGNATED CONTACTS.
If you experience a life/safety, property risk, fire, flood, or other emergency event, do not wait to be contacted by the Tracking Service. Instead, if you are able to do so safely, you should immediately contact the police, fire department, 911 or appropriate emergency response service.
9.8 Changes to the Tracking Service.
WW and the Tracking Service may from time to time, in response to applicable law or otherwise, revise, replace, change, modify, discontinue or rescind certain policies or procedures relating to the Tracking Service and the reporting protocol(s). WW will provide notification pursuant to this Agreement of any such revisions, replacements, changes, modifications, discontinuance or rescission via updates to this document on its website, such updates are noted by updates of the governing date of the terms and conditions herein when they are effective.
9.9 Changes to the System Elements.
PLEASE BE WARNED THAT IF YOU SWITCH OR CHANGE ANY OF YOUR SYSTEM ELEMENTS (AS DEFINED IN SECTION 11), THIS MAY LEAVE OUR OWLTM SENSOR UNABLE TO TRANSMIT SIGNALS TO THE TRACKING SERVICE AND, THEREFORE, THE TRACKING SERVICE WILL NOT WORK. It is your sole duty to assure that your System Elements are at all times compatible with our OWLTM Sensor and Tracking Service, and properly functioning.
9.10 Use of Communications.
To the fullest extent permitted by applicable law, you hereby consent to the Tracking Service intercepting, recording, retrieving, reviewing, copying, disclosing and using, for purposes of providing the Tracking Service and Reporting Service the contents of all electronic and other forms of transmission or communication to which you or your designated parties engage as relates to the collection of container data gathering by WW.
9.11 Force Majeure.
The obligation to provide the Tracking Services shall immediately terminate, without prior notice, in the event of any of the following: (i) network or equipment, other communications equipment, software, or physical facilities of the Tracking Service are destroyed, damaged, or inoperable for any reason whatsoever; or (ii) any war whether declared or undeclared, fire, flood, extreme weather, accident, explosion, act of terrorism, governmental orders, regulations, restrictions or priorities, strike, lockout or other labor troubles, or any other cause beyond the absolute control of the Tracking Service for the duration of the interrupted service. WW shall provide you with notice pursuant to Tracking Terms and Conditions of such termination as soon as commercially reasonable following any such Force Majeure event.
10. Broadband Internet Access/Backup Wireless Data Service.
The Tracking Services will not work or be accessible without: (i) cellular data connectivity at your Registered Address positioned to communicate reliably with your OWLTM Sensor; (ii) an active, current and properly completed account with WW; (iii) an enabled and supported wireless device for provisioning; (iv) Subscriber supported electronic systems such as smart phone, computer, tablet or similar with which to receive Report transmissions and/or access WW’s portal; collectively, the or your “System Elements”. It is your responsibility to ensure that you have all required System Elements and that they are compatible and properly configured with WW’s Sensors and Services. You acknowledge that the Tracking Services and Reporting Services may not work as described when the requirements and compatibility have not been met. If you change any of the required System Elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with our Sensor and Services. If WW receives notice and/or determines you failed to maintain the required System Elements, WW may, in its sole discretion, elect to terminate the Sensors and Services in accordance with this Agreement. Your Registered Address must be located within the coverage area of the applicable carrier(s) in North America for Wireless Data Service, and it is your sole responsibility to assure that your Registered Address is so located within the applicable service coverage area. Our OWLTM Sensor may contain a SIM card and you agree not to use the SIM card except in our OWLTM Sensor. Any violation of the restrictions on the use of the SIM card may, in WW’s sole discretion, result in the termination of the Sensors and Services in accordance with this Agreement. In addition, if WW detects unauthorized or excessive use of the Sensors and Services or SIM card, you agree to reimburse WW for all the data usage associated with the unauthorized or excessive use. You hereby expressly authorize WW to charge the payment card associated with your account or linked bank account for all related unauthorized or excessive data charges. You understand and agree that neither WW nor the Tracking Service are responsible for the operation or non-operation of any of your System Elements or Wireless Data Services for your reception of reporting from WW. You acknowledge and agree that the System Elements and Wireless Data Service are not error-free and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (“Service Problem(s)”). Service Problems may result in an inability of our OWLTM Sensor to send listed signal codes to the Tracking Service and, in such event, the Tracking Service will be unavailable for the duration of the Service Problem. Further, Service Problems may result in the Tracking Service being unreliable or unavailable for the duration of the Service Problem. Neither WW, the Tracking Service, nor any wireless data carrier is responsible or liable for any such Service Problems.
SPECIFICALLY, REGARDING WIRELESS DATA SERVICE, YOU ACKNOWLEDGE THAT WIRELESS DATA SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. THE WIRELESS DATA SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF THE WIRELESS DATA CARRIER’S CONTROL SUCH AS, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. CARRIER PARTNER NETWORKS ARE MADE AVAILABLE AS-IS. WW AND THE WIRELESS DATA CARRIER MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY CARRIER PARTNERS AND WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS.
11. Duty to Properly Install the OWLTM Sensor.
It is your responsibility to install our OWLTM Sensor in strict accordance with the instructions and specifications made available to you. IF THE OWLTM SENSOR IS NOT PROPERLY INSTALLED, OR IF IT IS OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, WASTE ENCLOSURES, WASTE CONTAINERS, WASTE OVERFLOWS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE TRACKINGS OR DETECTION FAILURES. It is your responsibility to verify the OWLTM Sensor operates once installed, and then regularly verify the OWLTM Sensor continues to function after installation. PLEASE CHECK NOTIFICATIONS FROM WW REGULARLY WITH REGARD TO REMAINING BATTERY LIFE TO ENSURE COVERAGE DOES NOT LAPSE. WW MONITORS BATTERY LIFE AND PROVIDES NOTICE OF DEPLETION OF BATTERY LIFE IN ADVANCE OF THE SENSOR REQUIRING REPLACEMENT.
12. Subscriber Default.
If you fail to perform your obligations under this Agreement (monetary or non-monetary), WW will have the right, in its sole discretion, to terminate the Sensors and Services. If WW elects to do so, it will first notify you pursuant to Section 3 hereof, of your obligation failures and WW’s intention to terminate the Sensors and Services (the “Notice of Intention to Terminate”). You will have seventy-two (72) hours from the date the Notice of Intention to Terminate is first sent to you to fully cure your performance failures (the “Cure Period”), time being of the essence. If you fail to timely do so, WW may then, in its sole discretion, terminate the Sensors and Services at any time after providing you notification in accordance with Section 3 hereof (the “Termination Notice”). The termination of the Tracking Service(s) will take effect within forty-eight (48) hours after the Termination Notice is first sent to you (the “Termination”). In the event of a Termination, and to the fullest extent permitted by applicable law, you agree to pay WW, (a) all amounts then due, and (b) WW’s reasonable collection costs, including attorneys’ and experts’ fees and costs through all appeals. In the event of a Termination of the Sensors and Services, no Tracking Service or Reporting Services will thereafter be provided. If WW waives any default or performance failures, WW is not waiving other defaults. Any waiver by WW must be in writing, and may not be implied by its actions or inactions. To the fullest extent permitted by applicable law, in the event of a Termination, you hereby expressly authorize WW to charge the payment card associated with your account the full amount then due and WW’s reasonable collection costs, including attorneys’ fees and costs, if applicable. Further, WW reserves the right to terminate the Sensors and Services, with no further obligation to you (except payment for all amounts then due) in the event of: (i) excessive runaway and/or false signals, (ii) your failure to maintain cellular internet access, (iii) your wireless data usage being considered harmful or disruptive, or otherwise interfering with the wireless data carrier’s network or the ability to provide quality service to other Subscribers, or (iv) the reasonable policies and procedures of the Tracking Service (collectively, the “Other Termination Reasons”). If WW elects to terminate the Sensors and Services for Other Termination Reasons, it will send you a Termination Notice pursuant to this Agreement. The termination of the Sensors and Services will take effect for the Other Termination Reasons within forty-eight (48) hours after the Termination Notice is first sent to you and may encompass one OWLTM Sensor and Tracking Service, multiple, or all of those engaged under the terms of the is Agreement.
13. Subservice Agreements and Assignments.
You cannot transfer or assign this Agreement without WW’s written consent; however, WW can assign this Agreement and/or any sub-Service Agreement of its obligations without your consent, including the Sensors and Services. If WW does so, anyone to whom WW assigns or sub-Service Agreements its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of the Agreement.
14. Limitations of the OWLTM Sensors.
OUR SENSORS AND SERVICES MAY NOT BE INTENDED OR DESIGNED FOR CERTAIN TYPES OF OUTSIDE USE UNLESS EXPRESSLY SPECIFIED FOR OUTDOOR USE IN EXTREME SPECIFICATIONS FOR OUR OWLTM SENSOR. PLEASE BE SURE TO READ THE SPECIFICATIONS FOR OUR OWLTM SENSOR BEFORE USING OUR OWLTM SENSOR IN EXTREME OUTDOOR APPLICATIONS.
15. No Third-Party Beneficiaries.
EXCEPT FOR THE TRACKING SERVICE, SUBSERVICE AGREEMENTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. For Canadian residents only: In addition to its own benefits and rights under this Agreement, WW holds the benefits and rights of the applicable provisions of this Agreement as trustee and agent for and on behalf of the Tracking Service and WW’s subService Agreementors, and you acknowledge and agree that WW may enforce those benefits and rights on behalf of the Tracking Service and/or such subService Agreementors.
16. Malware Vulnerability Notice and Waiver.
Equipment that relies on wireless internet connections or that is connected to a network of any kind (such as Tracking systems, communications equipment, wireless radios, access control, cloud storage, NAS storage, and other kinds of networkable Tracking and other devices) may not be secure and may be exploited or hacked by malware and spyware variants (“Malware Vulnerabilities”). Malware Vulnerabilities may provide a gateway for a person with malicious intent the capability to co-opt or disarm your system or related equipment; view, extract, change, destroy, steal, disclose or alter your data, or the data of others; monitor and/or spy on your activities and the activities of others; cause internet and network outages; provide for unintended or unauthorized access by others to your network, or the network of others; and otherwise place people, property or data at risk. WW MAKES NO WARRANTY OR REPRESENTATION THAT THE OWLTM SENSORS, TRACKING SERVICES OR REPORTING SERVICE IS SECURE, DOES NOT HAVE, OR IS NOT SUSCEPTIBLE TO, MALWARE VULNERABILITIES. WW assumes no liability whatsoever for any Malware Vulnerabilities and, to the fullest extent permitted by applicable law, you agree to release and hold WW harmless from any Malware Vulnerabilities and any related loss or damage of any kind or sort, even if caused by any breach of Service Agreement or negligence of any kind or degree of WW (the “Malware Vulnerability Release”). If the Malware Vulnerability Release is not enforceable under applicable law for any reason, then the LIMITATION OF WW’S LIABILITY in the Tracking Terms and Conditions shall apply to any losses or damages, of any kind or sort, arising from, or related to, Malware Vulnerabilities.
17. Smart Device Standards.
Our OWLTM Sensor may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by WW, including Z-Wave, Zigbee HA, Wifi, Bluetooth, and IP devices. HOWEVER, SMART, CONNECTED OR OTHER THIRD-PARTY DEVICES (“THIRD PARTY DEVICES”) MAY NOT WORK WITH OUR SENSORS AND SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION.
WW IS NOT RESPONSIBLE FOR, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND HOLD WW HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY DEVICES WITH OUR SENSORS AND SERVICES. FURTHER, WW MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO ANY THIRD-PARTY DEVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION THAT ANY THIRD-PARTY DEVICE WILL PROPERLY AND SAFELY COMMUNICATE AND WORK WITH OUR OWLTM SENSOR OR THE TRACKING SERVICES, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE RELATING TO ANY THIRD-PARTY DEVICE. In addition, you agree WW may terminate the Sensors and Services pursuant to the Tracking Terms and Conditions if WW, in its sole discretion, believes the operation of any Third-Party Device causes or may cause an issue to our Sensors and Services or with WW’s liability to you or others.
18. For Use at Current Registered Address or Commercial Address Only.
THE SENSORS AND SERVICES ARE INTENDED FOR USE ONLY AT YOUR REGISTERED OR ELIGIBLE COMMERCIAL ADDRESS (as defined below). THE SENSORS AND SERVICES ARE NOT CERTIFIED BY UNDERWRITERS’ LABORATORIES OR ANY SIMILAR OR LIKE CERTIFICATION. THE SENSORS AND SERVICES MAY NOT FUNCTION, OR PROPERLY FUNCTION, IF ANY OF THE THEM ARE INSTALLED OR USED AT ANY LOCATION OTHER THAN YOUR REGISTERED COMMERCIAL ADDRESS. YOU HEREBY AGREE NOT TO INSTALL OR USE OUR SENSORS OR SERVICES AT ANY LOCATION OTHER THAN YOUR REGISTERED OR COMMERCIAL ADDRESS, AND NEVER TO INSTALL OR USE THE SENSORS OR SERVICES AT ANY LOCATION OTHER THAN YOUR REGISTERED OR COMMERCIAL ADDRESS. YOU HEREBY RELEASE AND HOLD WW HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR INSTALLATION AND/OR USE OF SENSORS OR SERVICES AT AN ADDRESS OTHER THAN YOUR REGISTERED ADDRESS OR COMMERCIAL ADDRESS, INCLUDING ANY CLAIMS BY THIRD PARTIES REGARDING THE PROVISION OF WASTE COLLECTION SERVICES.
“COMMERCIAL ADDRESS” IS STRICTLY LIMITED TO THE FOLLOWING: (i) A BUSINESS OR ESTABLISHMENT THAT IS UTILIZING THE SENSORS AND SERVICES AS A SERVICE DETECTION, VERIFICATION AND NETWORK REPORTING SYSTEM ONLY; (ii) A BUSINESS ESTABLISHMENT THAT HAS INSTALLED AND IS UTILIZING THE SENSORS AND SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND IN ACCORDANCE WITH WW’S DOCUMENTATION AND INSTRUCTIONS CONCERNING INSTALLATION, MAINTENANCE, AND USE OF THE SENSORS AND SERVICES, THE RANGE OF THE SENSORS AND SERVICES AND/OR LIMITATIONS OF THE SENSORS AND SERVICES; AND (iii) A BUSINESS ESTABLISHMENT THAT IS NOT OTHERWISE GOVERNED BY, OR SUBJECT TO, ANY FEDERAL, STATE OR LOCAL CODES, LAWS, ORDINANCES, REGULATIONS, STANDARDS OF PRACTICE, UNDERWRITERS LABORATORIES CERTIFICATION OR OTHER SIMILAR OR LIKE CERTIFICATION, COMPLIANCE REQUIREMENTS, INSURANCE REQUIREMENTS, LEASE REQUIREMENTS OR ANY OTHER AGREEMENTS OR REQUIREMENTS BETWEEN OR AMONG THE CUSTOMER AND ANY THIRD PARTY(S), IN EACH CASE REGARDING THE DESIGN, PURCHASE, INSTALLATION, USE, TESTING, REPAIR, MAINTENANCE, INSPECTION AND/OR TRACKING OR NETWORKED SERVICE REPORTING OF A COLLECTION DETECTION AND REPORTING SYSTEM OF ANY KIND OR SORT. YOU HEREBY RELEASE AND HOLD WW AND THE TRACKING SERVICE HARMLESS FROM AND AGAINST ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, YOUR PURCHASE, SUBSCRIPTION, INSTALLATION AND/OR USE OF THE SENSORS AND/OR SERVICES AND/OR REPORTING AND/OR PRICE COMPARISON AND/OR CONTRACTING SERVICES AT A LOCATION OTHER THAN A REGISTERED ELIGIBLE COMMERCIAL ADDRESS.
19. WW Customer Service and Support.
You understand and agree that any Subscriber service and any Subscriber care and support offered or provided by WW is provided to aid Subscriber in the Detection, Reporting, and Price comparison and accountability of waste collection services and to aid Subscriber in managing its environmental services collection(s) so that said services are accountably and efficiently provided. PLEASE DO NOT CONTACT WW CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY WW WITH ANY LIFE/SAFETY, PROPERTY RISK, FIRES, FLOODS, BURGLARIES, ROBBERIES, MEDICAL ISSUES OR OTHER EMERGENCIES. IF YOU HAVE ANY SUCH EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.