Terms of Use

Site Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use contain important information regarding legal rights, obligations and remedies including information about future changes to these Terms of Use, limitations of liability and class action waivers.

1. OVERVIEW

These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the websites (collectively, the "Site") for Sand Scripts ("Sand Scripts" or "we" or similar references) and the content and services (individually and collectively, the "Services") found at the Site. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts these Terms of Use by using the Site or the Services found at the Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "user" or "customer" shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. AUTHORIZATION

Sand Scripts customers and their respective employees (each, an “Authorized User”) are authorized to use the Site solely for purposes relating to their own respective account(s). Sand Scripts customers and their respective employees are not authorized to use or access any portion of the Site that relates to another customer’s account. Third parties (e.g. brokers, agents, competitors, etc.) are not authorized to use the Site for any purpose, including without limitation accessing or changing any customer information (e.g. billing information, etc.), unless the third party first obtains Sand Scripts’s express written consent. Third parties may not acquire any authorization to use the Site (including for billing purposes) from a customer via letters of authority or otherwise. Any such letters of authority or similar attempts to grant authority to a third party shall be void.

Unauthorized commercial use, access, or attempts to change information on the Site are strictly prohibited and subject to prosecution under all applicable state and federal laws, including but not limited to, the Computer Fraud and Abuse Act of 1986, 18 U.S.C. § 1030, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2701 et seq., and Chapter 143 of the Texas Civil Practice and Remedies Code.

3. SITE CONTENT

The content on the Site and the Services found at the Site, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein ("Sand Scripts Content"), are owned by or licensed to Sand Scripts, and are subject to copyright, trademark, and/or patent protection in Canada, the United States and foreign countries, and other intellectual property rights under Canadian, United States and foreign laws.

The Sand Scripts Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Sand Scripts. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Sand Scripts reserves all rights not expressly granted in and to the Sand Scripts Content, the Site and the Services found at the Site, and these Terms of Use do not transfer ownership of any of these rights. You specifically agree not to distribute any of the Sand Scripts Content without Sand Scripts's prior written permission.

4. USE OF THE SITE AND SERVICES

The content and use of the Site may only be used for purposes intended by Sand Scripts. You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or the Services (including without limitation those features that prevent or restrict use or copying of any Sand Scripts Content) or enforce limitations on the use of the Site or the Services or the Sand Scripts Content therein.

You may not use the Site or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of the Site.

In addition, you will not use the Site or the Services in any manner that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iii) promotes, encourages or engages in child pornography or the exploitation of children; (iv) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (v) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another user or any other person or entity; (vii) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; (viii) contains false or deceptive language, or unsubstantiated or comparative claims, regarding WCC, the Site or the Services.

Sand Scripts may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, Services or Sand Scripts Content (including without limitation prices and fees for the same). Sand Scripts may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services.

5. ACCOUNT

In order to utilize certain Site Services, you will be asked to create an account ("Account") by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (The Site's Privacy Policy explains how such information may be collected and used). When you use Services from Sand Scripts on the Site, you accept these Terms of Use and the specific terms applicable to those Services. Neither Sand Scripts nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Site.

When you create your Account you may be asked for your home telephone and mobile telephone number so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers to Sand Scripts you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of Sand Scripts regarding importation information about your service and account, and to provide special offers to our customers to the telephone number(s) provided.

Account Holders must be 18 years or older, have properly registered and have a waste or recycling services account with Sand Scripts (an "Account Holder"). An account is available only to users who have completed the information required by the Site's enrollment form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's enrollment form. Sand Scripts reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties without first obtaining Sand Scripts’s express written consent. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

6. LINKING

The Site may contain links and pointers to other websites and resources. Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by Sand Scripts or any of its affiliates of any third party website or content. Sand Scripts is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its website administrator or webmaster.

7. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

USE OF THE SITE, SERVICES AND Sand Scripts CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE, SERVICES AND Sand Scripts CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL Sand Scripts BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE FAILING TO OPERATE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE; (3) VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE SITE CONTENT.

IN NO EVENT SHALL Sand Scripts BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE.

IN NO EVENT SHALL Sand Scripts BE LIABLE FOR ANY INDIRECT, INCIDENTAL, REMOTE OR SPECULATIVE DAMAGES OR DAMAGES FOR LOST PROFITS, LOST DATA (INCLUDING, WITHOUT LIMITATION ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Sand Scripts) OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, SERVICES OR Sand Scripts CONTENT.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Sand Scripts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Sand Scripts IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF Sand Scripts, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING SERVICES FOR THE SITE OR THE SERVICES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR Sand Scripts CONTENT WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Sand Scripts IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY OR IN ANY EVENT Sand Scripts’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

8. INTERNATIONAL USE

We make no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

All Sand Scripts trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site, the Services and Sand Scripts Content are the sole and exclusive property of Sand Scripts. You may not copy or use any of Sand Scripts's marks or any marks confusingly similar to Sand Scripts's marks without the prior written consent of Sand Scripts, nor may you use Sand Scripts's marks in any manner that discredits or disparages Sand Scripts. All other trademarks not owned by Sand Scripts that appear on the Site, the Services or the Sand Scripts Content are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Sand Scripts.

You may not frame or utilize framing techniques to enclose any Sand Scripts Content (including images, text, page layout, and forms) without Sand Scripts’s prior written consent. You may not use any metatags or any other "hidden text" utilizing our names, trademarks, trade names, logos, slogans and other identifying marks appearing on the Site without the prior written consent of Sand Scripts. You may not use our names, trademarks, trade names, logos, slogans, and other identifying marks appearing on the Site as any part of a link without the prior written consent of Sand Scripts. Any unauthorized use terminates any license or permission granted by Sand Scripts. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the Site, Services or Sand Scripts Content.

Except for personal information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, and may be used by us for any purpose without restriction or obligation.

10. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work(s) claimed to have been infringed;

A description of the material on the Site that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Sand Scripts's designated Copyright Agent for notice of claims of copyright infringement is:

Sand Scripts

410 Maple Ave

Rapid City , SD 57701

Attention: General Counsel

(605) 716-7263

11. INDEMNIFICATION

You hereby agree to indemnify and hold Sand Scripts and its shareholders, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Site, Services or Sand Scripts Content (except to the extent such claims are due solely to Sand Scripts’s wrongful conduct) or (B) any alleged breach of these Terms of Use by you.

12. TERMINATION

Sand Scripts may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Sand Scripts may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in Sand Scripts's exclusive discretion, without prejudice to any legal or equitable remedies available to Sand Scripts, for any reason or purpose, including, but not limited to, conduct that Sand Scripts believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which Sand Scripts believes is harmful to other customers, to Sand Scripts's business, or to other information providers. In addition, these Terms of Use may be immediately terminated at any time by Sand Scripts in its sole discretion. In addition and without prejudice to any other remedy available to Sand Scripts, Sand Scripts may immediately terminate your ability to use the Site, Services and Sand Scripts Content if you breach any term of these Terms of Use.

13. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES; CLASS ACTION WAIVER

These Terms of Use will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Montgomery County, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Sand Scripts will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Sand Scripts AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Sand Scripts agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

14. PRIVACY POLICY

The Site is a United States web site and is subject to United States law. Sand Scripts's collection, use and disclosure of personally identifiable information collected via the Site or Services is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any Sand Scripts Site. You acknowledge and agree that Sand Scripts's Privacy Policy is incorporated into these Terms of Use.

15. MISCELLANEOUS

These Terms of Use constitutes the entire terms of use between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. If any term in these Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms of Use are for convenience only and must not be given any legal import.

The Site may contain typographical errors or inaccuracies and may not be complete or current. Sand Scripts reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Sand Scripts’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

LAST UPDATED: February 17th, 2021