Terms and Conditions

Terms of Use

Last Updated: May 25, 2018 

You have accessed a website or mobile application of SUEZ North America Inc. or one of its subsidiaries or affiliated companies (collectively, “SUEZ”) to which these Terms of Use apply.  

By browsing and/or using our website and mobile applications (our “Site”), you agree to accept, unconditionally and without modification, the terms and conditions which follow, together with all applicable laws (“Terms of Use”) and our Privacy Policy.

If any of these Terms of Use are not acceptable to you, do not continue to browse or use our Site.

 

Changes to Terms of Use

SUEZ may update and amend these Terms at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available through our Site.  SUEZ reserves the right to modify these Terms of Use from time to time, without notice, and you agree to be bound by such modifications.  Accordingly, you should periodically review the most recent version of these Terms of Use.

 

User Conduct

You may use our Site for lawful purposes only. You are prohibited from using our Site to:

  • transmit any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense;
  • infringe on any intellectual property right or otherwise violate any law;
  • submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Site; and
  • impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site. 

 

User Accounts

You may choose to register an account in order to access and participate in certain features offered on our Site.  When you register, you will be asked to disclose personally identifiable information (“PII”), which may include, but is not limited to, your first and last name, home or business address, email address, and telephone number.  PII is protected by our Privacy Policy, the terms of which are hereby incorporated by reference.  We may refuse to grant you, and you may not use, an email address or other login identification that (i) is already being used by someone else, (ii) impersonates another person, (iii) belongs to another person, (iv) violates the intellectual property or other rights of any person, or (v) is vulgar or otherwise offensive.  You agree to notify us of any unauthorized use of your account or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current, and complete information about yourself when you register an account.  You also agree to update the information about yourself as necessary to keep it current and accurate. We have the right to disable any user account, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Proprietary Content and Limited License

SUEZ owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content.  Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and registered service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of SUEZ or its licensors and content-providers.

Subject to your agreement with these Terms of Use, SUEZ grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and its contents solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site.  You agree not to disrupt or attempt to disrupt or interfere in any way with the operation of the Site.  You also agree not to access, manipulate or download any unauthorized Content from our Site. 

You are permitted to view and download Content for your personal, non-commercial use. This authorization to download Content does not transfer to you any title to the Content.  Viewing and downloading Content on our Site is permitted only for your private use, provided that you retain all copyright, trademark and other proprietary notices contained in the original Content or any copies you make of the Content. You may not modify Content on our Site in any way or reproduce or publicly display, distribute or otherwise use it for any public or commercial purpose. Any use of Content on any other website or networked computer environment for any purpose is prohibited, unless written prior approval is obtained from SUEZ.

SUEZ reserves the right to change these Terms of Use from time to time, and you agree to abide by all additional restrictions displayed on the Site as it may be modified from time to time.  SUEZ also reserves the right to monitor all Site activity and collect related logged data with respect to the Site.  

This Site and all Content are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and not to permit or allow any copying of the Content except as authorized by SUEZ.  SUEZ does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information other than the limited license set forth above.

SUEZ may terminate the authorization, rights and license given above at any time.

 

Security

SUEZ takes reasonable measures to protect confidential data in transit and at rest.  SUEZ cannot and does not guarantee that any such transmission will be totally secure. You are responsible for maintaining the confidentiality of your account information, including but not limited to, your account number and any other user identifier or other unique name or number identifying you (collectively, your “User ID”) and any password used in connection with your use of the Site. You are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify SUEZ of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware.  SUEZ is not liable for any loss or damage arising from any unauthorized access or use of your User ID or password.

 

No Warranties

Our Site and any Content provided on or through the Site are made available on an “AS IS” or “AS AVAILABLE” basis.  We do not warrant that the information made available through our Site will be timely, secure, uninterrupted or error-free, or that defects in our Site, if any exists from time to time, will be corrected. We will not be responsible for (i) errors, omissions, interruptions, deletions, defects or delays in the operation and transmission of our Site, or any related services or Content, (ii) communication line failures, or (iii) computer viruses or other harmful software associated with the operation of our Site.

WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF SUEZ, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.  YOU ACKNOWLEDGE, BY USING OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.

 

Limitation of Liability

IN NO EVENT WILL SUEZ NORTH AMERICA INC., ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF OUR SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING OR USING, OR YOUR INABILITY TO ACCESS, BROWSE OR USE, OUR SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS AND PRODUCTS. SUEZ NORTH AMERICA INC., ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF SUEZ NORTH AMERICA INC., ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT, OR OTHERWISE RESTRICT OR LIMIT, THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

External Links

For your convenience, SUEZ may provide through the Site, links to sites operated by other entities.  All links to the Site must be approved in writing by SUEZ.  If approved, the link, when activated must meet the following requirements: (i) the link must be a text-only link containing only the name “SUEZ North America”; (ii) the link, when activated by a user on the linked site, must display the linked page in full-screen format in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iii) the appearance, position, and other aspects of the link must not create any impression that an entity, its activities, services or products, are associated with or sponsored by SUEZ North America Inc. or its subsidiaries or affiliates.

In order to use such third-party sites, you will leave our Site. SUEZ makes no warranty or representation regarding any linked web sites or the information appearing thereon or any of the products or services described thereon. If you decide to access any linked site, such access is at your own risk. You will be responsible for taking any needed measures to protect against viruses, malware or other destructive elements. You also agree that you will bring no suit or claim against SUEZ arising from or based upon any such use of third party sites. Links do not imply that SUEZ or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SUEZ North America Inc. or any of its subsidiaries or affiliates.

You agree that you will promptly remove any link to the Site upon written request from SUEZ to do so, at any time and for any reason.  In no event will you use the SUEZ logo or any other SUEZ trademark as a link "button," or in any other manner, without the express written consent of SUEZ.

 

International Users

This Site is controlled, operated and administered under the supervision of SUEZ.  We do not make any representation as to whether the Content on this Site is appropriate or available for use at locations outside of the United States or whether access from such locations is permitted or prohibited.  If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable laws in such location.  You may not use this Site or export Content if such use or export would violate the law, including United States export laws and regulations.

 

Jurisdiction

These Terms of Use and the Privacy Policy referenced herein (as amended from time to time) constitute the entire agreement between you and SUEZ with respect to your access to and use of the Site, the Content, and any other products and services available on or through the Site or through SUEZ.  Any cause of action you may have with respect to your use of the Site or the Content must be commenced within one (1) year after the claim or cause of action arises.

These Terms of Use shall be governed by and construed under the laws of the State of New Jersey, without regard to conflicts of law principles or rules. You and SUEZ expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the State of New Jersey for resolution of any matters related to the interpretation, construction or enforcement of these Terms of Use, the Privacy Policy referenced herein, or in connection with your access to and use of the Site, the Content, and the products and services available on or through the Site or through SUEZ. You and SUEZ expressly waive any claim that venue is improper for any reason in these courts.

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or the Privacy Policy to be unenforceable, that provision shall be enforced or reformed to the maximum extent permissible so as to effect the intent of these Terms of Use and the Privacy Policy, and the remainder of this agreement shall continue in full force and effect.

 

Indemnification

You agree to indemnify, defend and hold SUEZ, and its officers, directors, employees and agents, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of (i) content, data or information that you submit, post to, or transmit through the Site, (ii) your access to and use of the Content, the Site, and other products and services available on or through the Site and through SUEZ, (iii) your violation of these Terms of Use, or (iv) your violation of  any rights of any third party.  We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you.  All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

 

Contact Us

If you have questions regarding the Site or these Terms of Use, please contact us at customerdigital@suez-na.com or 201-767-9300.

 

Acknowledgement

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY REFERENCED HEREIN.