SYSTEM LOGON ID AGREEMENT

 

READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE Charlies Trash Service Invoice system.  BY CLICKING ON THE “CONTINUE” BUTTON, YOU AGREE TO THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, EXIT BY CLICKING ON THE “CANCEL” BUTTON.

 

            This Agreement is between Charlie's Trash Service., a business of the State of Illinois, U.S.A., having its principal place of business at 301 East Washington Street, Christopher, Illinois 62822 (hereinafter "Charlie's Trash Service"), and You, an individual having a valid logon ID to access Charlie's Trash Service Invoice System.

 

WHEREAS, Charlie's Trash Service has established a method on its web sites to provide certain information to You and make available certain electronic services to You (hereinafter “Services”) in accordance with the terms and conditions of this Agreement.

 

WHEREAS, You desire to obtain access to the Charlie's Trash Service Invoice System to obtain such Services;

 

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

 

1.                   Scope of Agreement:  Charlie's Trash Service has established the Charlie's Trash Service Invoice System in order to provide certain Services to You. You acknowledge and agrees that circumstances may, from time to time, limit the availability of the Charlie's Trash Service Invoice System and Services to You and, accordingly, such access shall be subject to the availability of resources determined by Charlie's Trash Service , in its sole discretion, based on its business priorities and needs.

 

2.         Use of the Charlie's Trash Service Invoice System:  The Charlie's Trash Service Invoice System have been designed to allow You access to certain Information by using the approved ID and password assigned to You by Charlie's Trash Service Invoice System.  You shall be solely responsible for Your ID and password.  You shall not disclose, permit use by, transfer or otherwise make available to a third party Your ID and password.  You agree that You shall not permit others to use Your ID or password, or disclose to third parties any information regarding the Charlie's Trash Service Invoice System or the Services. You shall not access the Charlie's Trash Service Invoice System using another person’s ID and password.  You further agree to use the Services solely for Your internal personal purposes.  You shall not attempt to access or use files, data or information of other users of the Charlie's Trash Service Invoice System.  If You obtain access to accounts, files, data or information of other users of the Charlie's Trash Service Invoice System, You shall treat such information as confidential and proprietary and shall not use or further disclose such data or information of other users.  You further agree to immediately report such access to Charlie's Trash Service at the above address  You agree to exercise due diligence in maintaining safeguards to protect the Charlie's Trash Service Invoice System and all security passwords relating thereto.

 

3.            Compliance with Charlie's Trash Service Invoice System Policy:  You shall comply with all rules, instructions and restrictions governing use of the Charlie's Trash Service Invoice System and Services as provided by Charlie's Trash Service and posted on the Web site, which shall be subject to change from time to time as determined by Charlie's Trash Service Invoice System by posting the revised rules, instructions and restrictions on the Web site.  Your continued use of the Charlie's Trash Service Invoice System and Services shall constitute Your acceptance of any such changes to or revisions of the rules, instructions and restrictions governing Charlie's Trash Service Invoice System and Services use.

 

4.            Confidentiality.  You agree to treat the Charlie's Trash Service Invoice System, Services, files, data or other computer or electronic information, whether belonging to Charlie's Trash Service or to other users of the Charlie's Trash Service Invoice System as confidential and proprietary and shall not use or disclose it to third parties whether or not such information is labeled to indicate that it is confidential or proprietary information.

5.         Use:  You shall not place any text, data, graphics, images, messages, communication(s), files or other material or information on the Charlie's Trash Service Invoice System which is unrelated to the purpose of the Charlie's Trash Service Invoice System or Services, related to any illegal activity, scandalous, defamatory, obscene, immoral or in violation of another’s rights, including, but not limited to, copyrights, trade secrets, trademarks, patents and privacy, or use the Charlie's Trash Service Invoice System or Services for any illegal activity.  You acknowledge and agree that, except as may be provided for the specific Service you access, use of the Charlie's Trash Service Invoice System and Services is a privilege, not a right and agree that Charlie's Trash Service may terminate or suspend this Agreement, Your ID or Your access to the Charlie's Trash Service Invoice System without notice at Charlie's Trash Service discretion.  You acknowledge that unauthorized access or use of any computer network is illegal and may be punishable by fines or imprisonment under Illinois and federal law.

 

6.         Data of Charlie's Trash Service Invoice System.  You acknowledge and agree that all right, title and interest in and to any software, documentation, data, notes, information, reports, memoranda and any other material of Charlie's Trash Service , or any portion thereof and any permitted reproductions or duplications thereof, (hereinafter referred to as “ Charlie's Trash Service Invoice System Data”) provided by Charlie's Trash Service to You on the Charlie's Trash Service Invoice System, shall be and remain Charlie's Trash Service or others from whom Charlie's Trash Service has obtained the rights.

 

7.            DISCLAIMER OF WARRANTY:  UNLESS PROVIDED OTHERWISE FOR THE SPECIFIC CHARLIE'S TRASH SERVICE INVOICE SYSTEM YOU ACCESS, YOU ACKNOWLEDGE THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ACCESS TO THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM, ARE PROVIDED BY CHARLIE'S TRASH SERVICE ON AN “AS IS” BASIS.  CHARLIE'S TRASH SERVICE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM AND ACCESS THERETO, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT. CHARLIE'S TRASH SERVICE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM SHALL BE UNINTERRUPTED, OR THAT THERE SHALL BE NO FAILURES IN TRANSMISSION OF INFORMATION OR OTHER MATERIAL, ERRORS OR OMISSIONS IN INFORMATION, OR LOSS OF INFORMATION OR ANY MATERIAL.

 

8.            LIMITATION OF LIABILITY:  YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK-UP OF INFORMATION, FILES OR DATA USED IN CONNECTION WITH THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM. IN NO EVENT WILL CHARLIE'S TRASH SERVICE BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE CHARLIE'S TRASH SERVICE INVOICE SYSTEM INCLUDING, WITHOUT LIMITATION, (I) SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (II) LOSS, INACCURATE INPUT, INTERRUPTION OF BUSINESS OR WORK DELAYS.  IN NO EVENT SHALL CHARLIE'S TRASH SERVICE BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM MADE BASED ON VIOLATION OF COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHTS WITH REGARD TO ANY INFORMATION, FILE OR DATA DELIVERED BY YOU TO CHARLIE'S TRASH SERVICE HEREUNDER, CHARLIE'S TRASH SERVICE USE OF YOUR INFORMATION, FILE OR DATA FOR THE PURPOSES OF THIS AGREEMENT OR THE USE TO WHICH ANY SUCH INFORMATION, FILE OR DATA IS PUT BY YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF THE NATURE OF THE ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.  YOU SHALL PROTECT, INDEMNIFY, HOLD HARMLESS AND DEFEND CHARLIE'S TRASH SERVICE OF AND FROM ANY LOSS, DAMAGE OR EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM ANY CLAIM ASSERTED AGAINST CHARLIE'S TRASH SERVICE THAT IS IN ANY WAY ASSOCIATED WITH THE MATTERS SET FORTH IN THIS PARAGRAPH.

 





9.         TERM AND TERMINATION:  This Agreement shall remain in force until terminated as set forth herein. Charlie's Trash Service may, at its option at any time, immediately terminate this Agreement without notice to You.

 

10.            SURVIVAL:  The obligations of the parties under Sections 2, 3, 4, 6, 7, and 8 shall survive the termination or expiration of this Agreement.

 

11.            ASSIGNMENT:  This Agreement and the rights and obligations stated hereunder may not be assigned or otherwise transferred by You.

 

13.            GOVERNING LAW:  The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereunder shall be governed by, subject to and construed in accordance with the internal laws of the State of Illinois, without reference to its rules governing conflicts of law.

 

14.        ENTIRE AGREEMENT:  This Agreement, and all rules, instructions and restrictions as posted on the Web site from time to time, constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes all proposals, all previous negotiations and understandings and all prior oral or written, express or implied communications between the parties with respect to the subject matter hereof.  No amendment or modification to this Agreement shall be effective or binding on either party unless such amendment or modification shall be reduced to writing and signed by authorized representatives of both parties.