N&N Sanitation, Inc. ("N&N Sanitation", "we", "our" or "us") and its wholly–owned affiliates maintain various websites and mobile apps (collectively, the "Sites") which provide services and information to you subject to the following terms and conditions ("Terms of Use"). These Terms of Use govern your use of the Sites and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Sites signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other N&N Sanitation services or business transactions.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and N&N Sanitation have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

ELECTRONIC COMMUNICATIONS

When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Sites. 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.

MOBILE ACCESS & Text Messaging Terms

Use of Mobile Devices. If you use a mobile device to access the Sites, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any Sites via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.

General Terms & Disputes. Without limitation our text messaging program is subject to these complete Terms of Use, which contain provisions that govern how claims you and N&N Sanitation have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

PRIVACY

Our Privacy Policy governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Sites you agree to the practices described in our Privacy Policy.

MINORS

The Sites are not intended for use by anyone under age 13. By accessing, using and/or submitting information to or through the Sites, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Sites under the supervision of his/her parent or a legal guardian.

PLACING ORDERS; BILLING & PAYMENT

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

LIMITED USAGE RIGHTS

The Sites are owned by N&N Sanitation and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites. You may not save or archive a significant portion of the material appearing in or on the Sites. All rights not expressly granted herein are reserved by N&N Sanitation.

PERMISSIBLE USE

You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.

YOUR OBLIGATION

By using the Sites, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept these Terms of Use and to enter into this agreement with N&N Sanitation; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Sites; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Sites.

If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. N&N Sanitation and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

SUBMITTING OR POSTING CONTENT

The Sites may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Sites or others ("Post"; Posting or "Postings"). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.

Postings do not reflect the views of N&N Sanitation or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, N&N Sanitation reserves the right to remove any Posting from the Sites.

NO ENDORSEMENT OF THIRD PARTY SITES

The Sites may contain links to or references to third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall N&N Sanitation be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. N&N Sanitation also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.

DISCLAIMER OF WARRANTIES

N&N Sanitation and its affiliates attempt to be as accurate as possible. However, N&N Sanitation does not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. Neither N&N Sanitation nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

THE SITES ARE PROVIDED BY N&N SANITATION AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, N&N SANITATION, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. N&N SANITATION AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM N&N SANITATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

N&N SANITATION, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. N&N SANITATION AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.

N&N SANITATION AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. N&N SANITATION AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL N&N SANITATION, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, N&N SANITATION’S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF N&N SANITATION OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT N&N SANITATION, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend and hold N&N Sanitation and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties," or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. N&N Sanitation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with N&N Sanitation’s defense of such claim. N&N Sanitation and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Sites.

RELEASE

All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. N&N Sanitation reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by N&N Sanitation or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

U.S.-BASED SITES.

The Sites are controlled and operated by N&N Sanitation in the United States. We do not make any representations that the Sites or any services offered via the Sites are available or appropriate for use in your location. Your use of or access to the Sites should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.

MISCELLANEOUS

Please review other policies posted on the Sites. These policies also govern your visit to the Sites. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

UPDATES/CHANGES

We reserve the right to amend these Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other means; provided, however, that any changes will not apply retroactively to any dispute arising prior to the time of the change. You agree to the new posted Terms of Use by continuing your use of the Sites. You agree to review these Terms of Use periodically and your continued use of the Sites following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using
the Sites.

CONTACT N&N SANITATION

If you have any questions regarding these Terms of Use, you can contact us by email at office@nandnsanitation.com or by mail at N&N Sanitation, Attention: Privacy Officer, 1010 Highway 1, Kalona, IA 52247.