WEBSITE TERMS AND CONDITIONS

By  accessing and using the website located at covantaenergy.com provided by Covanta Energy Corporation (“Covanta,” “we,” “our” or “us”) along with any of the systems, software, information and/or materials made available through the website (the “website”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“terms”).  You should review these terms regularly as they may change at any time at our sole discretion.  Your continued use of the website following the posting of changes to the terms constitutes acceptance of those changes.  Modifications will be posted on the website and the “last updated” date at the top of this page will be revised.

Your Use of the website

A. Your access and use of the website are subject to your agreement to:

• Provide true, accurate, and current information about yourself when you transmit information to us via the website.
• Maintain the confidentiality of the password and any account created for you (“account”) and be fully responsible for all activities that occur under your password or account.  You agree to immediately notify Covanta at TRMCC@COVANTA.COM of any unauthorized use of your password or account or any other security breach.
• Limit your access to and use of the website for your internal business purposes.
• Comply with these terms and all applicable laws in connection with your use of the website.

B. Furthermore, you agree NOT to:

• Share your password and account with another person or entity.
• Damage, disable, overburden, interfere with, disrupt, or impair any aspect of the website, or servers or networks connected to the website, in any manner.
• Provide via the website, or otherwise use the website to upload, post, or otherwise disseminate, any content that (1) is unlawful, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, pornographic, abusive, threatening, or otherwise objectionable; (2) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data); (3) you do not have the right to transmit under any law or any contractual or fiduciary relationship; or (4) infringes any intellectual property rights of another.
• Sublicense, sell, rent, lease, transfer, reproduce, publish, publicly display, distribute, modify, adapt, translate, create derivative works of, or exploit any right in any portion of the website; provided, you may save, print, or store a copy of these terms and/or any materials available for printing or storage from the website.
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the website.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice included on or in the website.

No Warranties

COVANTA AND ITS AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, CLIENTS, REPRESENTATIVES, AND AGENTS THEREOF (“COVANTA ENTITIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE WEBSITE.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT (1) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER; (2) THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIALS; (3) WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE, INCLUDING THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED AND ERROR FREE; (4) YOU USE THE WEBSITE AT YOUR OWN RISK AND DISCRETION; AND (5) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, NETWORKS OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE. 

Limitation of Liability

THE COVANTA ENTITIES WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU.

IN CONSIDERATION OF AND AN EXPRESS CONDITION OF, THE PERMISSIONS GRANTED, YOU EXPRESSLY WAIVE AND RELINQUISH ALL CLAIMS AND LIABILITIES OF ANY KIND AGAINST THE COVANTA ENTITIES ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE.  IN NO EVENT WILL TOTAL LIABILITY OF THE COVANTA ENTITIES, IN THE AGGREGATE, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (1) TEN DOLLARS ($10.00) OR (2) THE AMOUNT YOU PAID TO THE COVANTA ENTITIES FOR USE OF THE WEBSITE.

Indemnification

You agree to indemnify, defend, and hold the Covanta entities harmless from any claims, lawsuits, demands, actions, or other proceedings brought against the Covanta entities by any third party due to, arising out of, or related to (1) your access to or use of the website or (2) your violation of these terms, any law or regulation, or any third party rights.  You agree to pay any and all costs, damages, and expenses, including reasonable attorneys’ fees, awarded against or otherwise incurred by the Covanta Entities in connection with such proceedings.

Links

The website may contain links to websites operated by other parties.  We provide these links solely as a convenience to you and for informational purposes only.  We are not responsible for the content of other websites and make no representation or warranty regarding the content on other websites.  If you decide to access other websites, you do so at your own risk, and your use is subject to any applicable terms of use and privacy policies of the other websites.

Intellectual Property

The website is proprietary and/or confidential to Covanta and/or its partners, vendors, customers or affiliated companies, and the website shall not be used in any manner, except as expressly set forth in these terms.  The trademarks, service marks, product names, company names, and logos appearing on the website are the property of their respective owners and may not be used without permission of the respective owner.

Violations; Denial of Access

You understand that access to and use of the website are conditioned on your adherence to these terms.  If you violate any provision of these terms, you agree that we may deny you access to the website.  If asked to do so, you agree that you will not attempt to access the website.  We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of the website at any time.  We may also impose limits on certain features of the website or restrict access to any part or all of the website, without notice or penalty, for any reason. 

General

Our failure to exercise any right or provision of these terms shall not constitute a waiver of such right or provision.  If any provision of these terms is found by a court to be invalid, you and Covanta agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these terms remain in full force and effect.  The section titles in these terms are for convenience only and have no legal or contractual effect.

If you have any questions, comments, or concerns about these terms, you may contact us at:

Email
TRMCC@COVANTA.COM

Telephone
862-345-5458

Fax
862-345-5080

These terms are governed by the laws of the State of New Jersey, without regard for provisions concerning conflicts of laws and expressly excluding the Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with the website shall be brought in a court within the State of New Jersey, and you expressly agree to the jurisdiction of such courts for such purpose.