The week of June 17 is Waste and Recycling Workers Week. This national observance recognizes the vital role of waste and recycling workers in keeping our cities safe and clean.
Meet the Athens Services Team Who Keeps Your City Clean
Every year, the week of June 17 is Waste and Recycling Workers Week. This national observance recognizes the vital role of waste and recycling workers in keeping our cities safe and clean.
Athens Services deploys 1,700 employees daily to serve more than 40 communities in Southern California. They work hard every day to provide the best service possible to their customers.
Athens is proud of our employees. We admire their commitment and dedication to service. Here, we present some of these unsung heroes.
Pablo Gonzales, Commercial Driver
Vincent Yard, Irwindale
Pablo Gonzales has been with Athens since 1982! He will be retiring on June 30 after 39 years with the company.
Pablo has driven Route 2 in Pasadena since the beginning. He came to Athens from another waste hauling company. “What Athens has done for me is different from the company I came from.”
In looking back over his long career, Pablo said that what he has liked most about working at Athens has been the respect with which he has been treated. “Early on, I was fortunate to meet the owners, and we’ve always kept in direct contact. I appreciate how they always take care of the drivers, especially with food and events.”
We asked him if he has any great memories or stories to share from nearly 40 years on the job. “Too many to tell. But mostly, I will always be appreciative of the owners and what they have done for me.”
Pablo has been married for 39 years. He has three sons, Alex, 45, Abel, 38, and Edward, 30, and a granddaughter, Ela, 1. In his free time, Pablo enjoys being with family and relaxing at his ranch in Zacatecas, Mexico. After he retires, he plans to split his time between the ranch and traveling.
Field Supervisor Joe Aguirre said, “Pablo has maintained a reputation for hard work throughout his tenure with the company. He also has a great relationship with the Pasadena customers along his route. Pablo is a true expression of The Athens Way. He will be missed.”
Maria Lopez, Residential Route Driver
Salt Lake Yard, City of Industry
Maria Lopez joined Athens in 2020. She’s no stranger to driving trucks for a living, having driven a big rig in her previous position.
She decided to make the switch to the waste and recycling industry to have weekends off. After speaking with some Athens employees she knew, she applied and was hired.
“I know people who have worked 25-30 years here. That kind of loyalty says a lot about a company.”
Maria is primarily responsible for two residential collection routes per day in Norwalk, one for trash and one for recyclables. She has also driven routes in Montebello, Pico Rivera, and Rowland Heights. “I love it! There’s never a dull moment. Every day is different.”
She enjoys working outdoors. Her top priorities as a driver are providing good customer service and staying focused on safety.
“The customers I come across are very nice. They always stop to give me water, and they give me great feedback.“
Maria comes from a large family. She has nine siblings and 13 nieces and nephews. She spends time with them when she can. “When we get together, we ARE the party.”
She enjoys taking weekend trips to Las Vegas and to Texas to visit family. When she is at home, she plays with her dog, Luke, goes to the beach, and cooks. “I love to cook; there’s nothing like a home-cooked meal.”
Looking ahead in her career, Maria said she is “not closed to anything. I see myself growing and learning and seeing what opportunities come open. I’m willing to learn everything I can about the company.”
Operations Supervisor Charlye Herrera said, “Maria has stepped up to the plate big-time. The residents and the city love her. Whether she is driving her route or covering other routes, she gets it done with a positive attitude.”
Julio Reyes, Operations Lead
Sun Valley MRF
Julio Reyes joined Athens in 2015 after 15 years in the food industry.
“I found the waste industry to be very interesting. Once I learned how the industry operated, I was sold. I wanted to be a part of this movement.”
He was attracted by the opportunity to work at the Sun Valley materials recovery facility (MRF). His primary responsibilities include coaching and training others. He also implements and monitors safety procedures and oversees production quality.
Julio’s favorite part of the job is educating new employees about the types of materials they need to sort for recycling. “It’s rewarding to see them learn about the importance of diverting recyclable materials away from landfills.”
Julio has two sons, Julian, 5, and Blas, 1, and a daughter, Breanna, 11. His favorite professional sports teams are the Dallas Cowboys and the Dodgers.
His goal in the next few years is to become a supervisor at the MRF.
“Julio brings out the best in those around him,” said Operations Manager Brian Hunter. “He has been the definition of hard work and perseverance. He is a pleasure to work with.”
Nick Ainza, Heavy Equipment Operator
American Organics, Victorville
Nick Ainza started his career with American Organics in 2016 as a temporary laborer. After four months, he was hired full-time in 2017.
Before joining the Athens-owned composting facility, Nick knew some of the employees. In learning about their work, he became interested in how the facility processes organic waste to create compost.
“I liked the family-like work environment. I wanted to be a part of that and to work for an industry and an organization that was stable.”
When he can get away, Nick enjoys surfing and skateboarding. He is married and has two daughters, Mia, 6, and Nyla, 5, and a son, Ryker, 1.
“It’s a good feeling to know at the end of the day that I did my part in meeting our goals. And I love the feeling of being with a family on the job.”
As for the future, Nick wants to continue to grow in his career at Athens. “I see myself being an operations supervisor.”
“Nick is our utility player and is able to fill in anywhere we need him,” said Operations Manager David Albertson. “He has fit in well here.”
Joel Villa, Loader Operator
MRF/Transfer Station, City of Industry
Joel Villa joined Athens Services in 2000 when he was only 18 years old. He started as a sorter at the City of Industry materials recovery facility (MRF).
“I liked what the industry was about; most importantly, helping the environment.” He applied at Athens because it was walking distance from his home at the time.
His current position is loader operator on the tipping floor, where collection trucks dump their material. “I like what I do,” he said.
Having experience in several areas gives him the versatility to step in where needed during staff or equipment shortages. On occasion, he has had to manage loading transfer trucks, pushing loads that trucks were dumping, and multiple other tasks.
Joel has been married for 22 years and has two sons, Joel Jr., 20, and Emmanuel, 10, and a daughter, Samira, 17. He is a fan of the Barcelona Futbol Club, enjoys music, and likes to take family trips together.
Joel appreciates the opportunities he has had at Athens. In the next few years, he hopes to move into a leadership position.
Operations Manager Efrain Olmos said, “Joel became one of our best forklift operators and was often called on to assist on any loading activities. And as a tipping-floor loader operator, he has become one of the best – if not the best – operators we have.”
Enrique Ortiz, Driver
LA North Yard, Pacoima
Enrique Ortiz joined Athens in 2016. He drives a collection route in Athens’ North Central Los Angeles zone.
Enrique said his role is to provide excellent customer service. He also looks for opportunities to improve operations productivity and concentrates on safety as his main priority.
He was drawn to the waste and recycling industry by competitive hourly rates, full benefits, and the opportunity to work outdoors. He chose Athens for “its reputation as a family-owned company.”
What he likes most about his job is “having full control of my route every day and putting smiles on the faces of my customers. And the excellent supervisors and managers that work with us to correct any field issues.”
Enrique is married and has three daughters, Christina, 17, Angelica, 10, and Daniela, 4. He owns a Palomino Quarter Horse he enjoys riding on weekends.
His goal over the next few years is to become supervisor of the North Central zone.
General Manager Tomas Solis said, “Enrique embodies The Athens Way. He consistently provides excellent service to his customers and does it with a smile. He performs at such a high level that he pushes those around him to rise to the occasion. His work ethic, positive attitude, and dedication are truly remarkable.”
Gerver Rebollo, Heavy Equipment Operator
San Timoteo Landfill, Redlands
Gerver Rebollo joined Athens Services in 2013, coming from another company in the industry. A friend had told him that Athens was hiring drivers.
“He told me that Athens treats their drivers well, and I liked that.” He was hired as a driver at the San Timoteo Landfill in Redlands.
Until recently, Gerver drove roll-off trucks and water trucks at the landfill. Earlier this year, he was promoted to heavy equipment operator. Today, he drives front loaders and graders.
Gerver enjoys working outdoors. “I grew up spending my time outside. I can’t sit still for very long. I like being on the move.”
Married for 26 years, Gerver has one daughter, Anayissa, 22, and a son, Izael, 16. He enjoys gardening and tinkering with the family’s cars. And he is known for grilling amazing carne asada, tri-tip, and steak.
Gerver values the working relationships he has formed with his colleagues and supervisors. He plans to continue working at Athens until retirement.
“Athens is a good place to work and to grow. There are always opportunities to learn new things.”
Operations Supervisor Chuck White said, “Gerver is much more than an equipment operator; he’s my Swiss Army knife. I can depend on him for anything. He’s the one I go to.”
Jose Cruz Avila, Driver
LA South Yard, Torrance
Jose Cruz Avila joined Athens in 2009. He chose to work in the waste industry because it is a service that is always in demand. He also saw the chance to have a career with longevity.
Jose applied for driver positions with several companies, but most turned him down because he lacked experience. Athens was the only company to give him a shot.
His primary responsibility is to service commercial front-load bins in Redondo Beach. He enjoys working in the field and greeting people along his route. He likes team building with his coworkers and “helping to keep the environment clean.”
Jose has been married for 18 years and has three daughters, ages 15, 10, and 5. He enjoys spending family time outdoors at the park and dining out.
In the future, Jose said he might consider becoming a transfer-truck driver. But for now, “I love my job and see myself as a commercial front-load driver for Athens for a very long time.”
Route Supervisor Kam Naeole said, “Jose has a positive can-do attitude and is always willing to help when needed. He offers his years of knowledge and experience when training and onboarding our new employees in the field.”
Francisco Rosalez, Plant Maintenance Technician
Sun Valley MRF, Sun Valley
Francisco Rosalez joined Athens Services in 2014, the year that the Sun Valley materials recovery facility (MRF) opened. As a plant maintenance technician at the MRF, Francisco focuses on mechanical and electrical system maintenance, repairs, and troubleshooting.
Francisco chose to apply his skills in the waste and recycling industry because he saw the field as providing job security.
He selected Athens because it “started getting a lot of attention, and people I talked to said it was a company that was growing fast.” What he enjoys most about his work are the opportunities to grow and learn, as well as the mutual support from his colleagues.
Francisco is married and has two sons, Jayceon, 11, and Enzo, 4, and a daughter, Saleen, 7. In his free time, he enjoys bike riding and watching sports with his family.
His career goal in the next few years is to move into a management/leadership position.
Senior Maintenance Manager Randy Riberdy said of Francisco: “He is a vital part of the Maintenance Department. His abilities, along with the willingness to collaborate with our Operations team, have proven successful time and time again. He has what it takes to get to the next level in our organization. I encourage him always to be ‘Humble, Hungry and Smart.’”
Jesus Gonzales, Plant Maintenance Technician Lead
Crown Recycling, Sun Valley
Jesus Gonzales joined Crown Recycling in 2018 as a plant maintenance mechanic. His previous background was in the heating, ventilation, and air conditioning industry.
“I wanted to try something different and use my mechanical skills,” he said. “I chose Athens because I heard it was a good company.”
His primary responsibility is to ensure that all the moving parts run efficiently and safely. That task has been especially challenging over the past year, as major construction has been underway to enclose the facility.
“Every day offers a different challenge here at Crown, and I love challenges,” Jesus said. His goal over the next few years is to pursue a supervisory role with Crown.
A father of three, Jesus competes in a weekly adult softball league. He also follows football and other sports in his spare time.
“Jesus – ‘Chuy’ as he is affectionately known – is a major force at the Crown facility,” said Shop Maintenance Manager Randy Riberdy. “It has been my pleasure to see him grow in his current lead position, and I look forward to his next venture. His dedication to the company is indeed notable and revered by all at Crown.”
Danny Espinoza, Commercial Roll-off Driver
Salt Lake Yard, City of Industry
Danny Espinoza has been with Athens since 2008. He drives roll-off trucks for commercial and industrial customers who require larger containers than standard bins.
Danny serves Monterey Park in the San Gabriel Valley and the South Bay communities of Hermosa Beach, Redondo Beach, and Palos Verdes Estates.
He said he enjoys serving his communities. He believes in the importance of building relationships with his customers.
“My goal is to take care of the customers. I always greet them with a smile and work as safely as possible.”
He takes pride in helping customers to meet their needs. “I communicate with my customers to see if there is anything else I could have helped with and ensure their expectations were met.”
Danny is a proud father of four and grandfather of four. He says he is motivated by his family. And he describes himself as a “HUGE!” Dallas Cowboys fan.
He shares his enthusiasm and his work ethic with his coworkers. “I encourage them to do their best, work safely, and always have those they love in mind.”
Operations Manager Octavio Covarrubias said, “Danny is a positive presence and strives to go above and beyond.”
Athens is pleased to salute these and all of our employees during Waste and Recycling Workers Week. They embody the best of what Athens stands for: Service, People, Environment. That’s The Athens Way.
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B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 6(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE DASHBOARD (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between COMPANY and you regarding these Terms (and any Additional Terms) and the Dashboard, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
A Dispute will be resolved solely by binding arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”), in accordance with the then-current streamlined Arbitration Rules and Procedures (“Rules”) of, or by any other arbitration administration service that you and an officer or legal representative of Company consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable Rules; but if applicable Rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section 6 to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 6(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 6(A); (b) filing for arbitration with JAMS as set forth in Section 6(B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
D. Injunctive Relief. The foregoing provisions of this Section 6 will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Dashboard, any Content, your Feedback and/or Company’s intellectual property rights (including such Company may claim that may be in dispute), Company’s operations, and/or Company’s products or services.
E. No Class Action Matters. YOU AND COMPANY 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 PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 6(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 6(F). Notwithstanding any other provision of this Section 6, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Federal and State Courts in Los Angeles, California. Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles, California. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE DASHBOARD IS AT YOUR SOLE RISK. THE DASHBOARD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Dashboard (including the Content and the Feedback);
(b) the functions, features, or any other elements on, or made accessible through, the Dashboard;
(c) any products, services, or instructions offered or referenced at or linked through the Dashboard;
(d) security associated with the transmission of your Feedback transmitted to Company via the Dashboard;
(e) whether the Dashboard or the servers that make the Dashboard available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Dashboard is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Dashboard will be repaired or corrected;
(h) whether your access to the Dashboard will be uninterrupted;
(i) whether the Dashboard will be available at any particular time or location; and
(j) whether your use of the Dashboard is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
8. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the Dashboard (including the Content and the Feedback);
(b) your use of or inability to use the Dashboard, or the performance of the Dashboard;
(c) any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of the Dashboard;
(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(e) any errors or omissions in the Dashboard’s technical operation; or
(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Dashboard).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE DASHBOARD AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
9. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DASHBOARD, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DASHBOARD, WEBSITE, APPLICATION, CONTENT, FEEDBACK, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY (INCLUDING YOUR LICENSED FEEDBACK) OR A LICENSOR OF COMPANY.
10. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR DASHBOARD EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE DASHBOARD MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE DASHBOARD UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE DASHBOARD YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE DASHBOARD (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE DASHBOARD AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Dashboard (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Dashboard will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Dashboard and related services.
11. General Provisions
A. Company’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Company a right of consent or approval, or permits Company to exercise a right in its “sole discretion,” Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
B. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.
C. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your breach of the confidentiality obligations with respect to the Content; (ii) your use of the Dashboard and your activities in connection with the Dashboard; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Dashboard or your activities in connection with the Dashboard; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties’ use of the information that you submit to us (including your Feedback) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Party.
D. Operation of Dashboard; Availability of Products and Services; International Issues. Company controls and operates the Dashboard from its U.S.-based offices in the U.S.A., and Company makes no representation that the Dashboard is appropriate or available for use beyond the U.S.A. If you use the Dashboard from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Dashboard may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Dashboard and/or the provision of any content, program, product, service, or other feature described or available on the Dashboard to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
E. Export Controls. Software related to or made available by the Dashboard may be subject to export controls of the U.S.A. No software from the Dashboard may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.
F. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
G. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
H. Investigations; Cooperation with Law Enforcement; Termination; Survival. Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Dashboard security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Dashboard, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Company under these Terms or any Additional Terms. Upon suspension or termination of your access to the Dashboard, or upon notice from Company, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Dashboard. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
I. Assignment. Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
J. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
K. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Dashboard and you will be responsible for all charges related to them.
Please read through the Terms and Conditions before Signing In.