1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms“) govern the access or use by you, either as an individual or a business user (“you”), of certain services provided by Rubicon Global, LLC (“Rubicon”). The services include a smartphone or other mobile device-based application that allows residential homeowners and employees of small and mid-size businesses to schedule pick-ups of Waste and Recyclable Materials (as defined in Section 4) by independent haulers identified by Rubicon (the “Service”). As used in these Terms, “you” refers to you individually and/or the company or other legal entity on behalf of which you are entering into these Terms. If you are using the Services or Application on behalf of a company or other legal entity, you hereby represent and warrant that you are an employee of the company and that you have the legal capacity and authority to bind the company or legal entity to these Terms. Upon any request from Rubicon, you will provide Rubicon with information about the company or legal entity.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS IF YOU DO EITHER OF THE FOLLOWING: (1) DOWNLOAD THE APPLICATION FOR THE SERVICE FROM THE APPLE STORE, GOOGLE PLAY, AMAZON OR ANY OTHER ONLINE APP STORE, OR (2) USE OR ATTEMPT TO USE THE SERVICE. IF YOU DO NOT AGREE WITH THE THESE TERMS, AND THE CONTRACT FORMED BETWEEN YOU AND RUBICON THROUGH YOUR ACCEPTANCE OF THESE TERMS, DO NOT DOWNLOAD THE APP OR USE THE SERVICE.

Rubicon may change or supplement these Terms (“Updates”). Rubicon will post all Updates on its website located at https://www.rubicon.com and amend the “Last Updated” date listed above. You agree to check this webpage from time to time for Updates. Your continued access or use of the Service after Rubicon posts an Update constitutes your consent to be bound by the Terms, as updated.

Rubicon’s collection and use of personal information in connection with the Service is as provided in Rubicon’s Privacy Policy located at https://www.rubicon.com/privacy-policy/.

2. THE SERVICES

The Service constitutes a technology platform that enables individual and business users of Rubicon’s mobile application or website provided as part of the Service (each, an “Application“) to arrange and schedule pick-ups of Waste and Recyclable Materials at the user’s residence or business location with certain third party, independent hauling companies that are (or will be) under contract with Rubicon (“Haulers”). YOU ACKNOWLEDGE THAT RUBICON ITSELF IS NOT A HAULER AND DOES NOT OWN OR OPERATE HAULING TRUCKS OR OWN ANY LANDFILLS. CONTAINERS ARE DELIVERED ON THE FIRST DAY OF THE START OF SERVICES UNDER THE CONTRACT WITH CUSTOMER, AND DELIVERY FEES MAY APPLY.

3. LICENSE

Subject to your compliance with these Terms, Rubicon grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service. The only rights and licenses you receive in connection with the Service are the rights expressly granted in these Terms.

4. RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Rubicon; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; or (vii) use the Service to schedule a pickup of Prohibited Materials or in violation of any applicable law, including all Environmental Laws.

5. ENVIRONMENTAL REPRESENTATIONS & WARRANTIES

In using the Service, you warrant to Rubicon that: (i) you are providing only Waste Materials for collection, (ii) you are not providing Prohibited Materials for collection; and (iii) you are and will remain in compliance with all Environmental Laws. As used in these Terms, the following terms are defined as below:

(1) “Environmental Law” means all applicable federal, state and local laws and regulations and common law concerning solid or hazardous waste, toxic or hazardous substances or materials, pollution, or protection of human health and safety or the environment, including without limitation the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. §2601 et seq.), and the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 6901 et seq.).

(2) “Medical Waste” means any material or waste that is or potentially may be infectious, biohazardous, biomedical, or any other “medical” or similar waste regulated under any Environmental Laws, including without limitation: medical wastes requiring treatment prior to disposal, “red bag” medical waste, blood-soaked bandages, culture dishes and other glassware, discarded surgical gloves, discarded surgical instruments, discarded needles (e.g., medical sharps), cultures, stocks, swabs used to inoculate cultures, removed body organs, and discarded lancets. For avoidance of doubt, Medical Waste is a Prohibited Material under these Terms.

(3) “Prohibited Material” means: (a) any Special Waste not expressly approved in writing by Rubicon, and (b) any materials or substances that are hazardous, toxic, explosive, flammable, radioactive, infectious, or which cannot lawfully be disposed of in a “Subtitle D” landfill, including without limitation, (i) any material considered a “hazardous waste” under the Resource Conservation And Recovery Act (42 U.S.C. § 6901 et seq.), (ii) PCBs, (iii) asbestos, (iv) diesel fuel, gasoline, or other petroleum products or hydrocarbons, (v) Medical Waste, medications or pharmaceuticals, (vi) any other material or substance that is hazardous or toxic, and which would form the basis of any claim, under any Environmental Laws, and (vii) any waste materials contaminated by, mixed with or containing Prohibited Materials.

(4) “Recyclable Material” means approved materials that can be recycled or recovered, and are not intended for disposal, provided further, however, such term specifically excludes Prohibited Materials.

(5) “Special Waste” means used tires, construction and demolition (C&D) materials, and materials recognized as “universal waste” or as “special waste” under Environmental Laws.

(6) “Waste Material” means non-hazardous solid waste and Recyclable Materials, provided further, however, such term specifically excludes Prohibited Materials.