Terms of Service

Blue Ridge Services Terms of Use

Overview:

Welcome to Blue Ridge Services – Waste Training On-Demand! We are a subscription service that provides our members with access to training videos, webinars, printed materials, safety tips, and additional content streamed over the Internet to certain Internet-connected computers, tablets, mobile phones, and other devices.

These ‘Terms of Use’ govern your use of our service. As used in these Terms of Use, "BRS On-Demand,” “On-Demand,” "our service" or "the service" means the service provided by Blue Ridge Services for and watching training videos and webinars, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 13 to resolve any disputes with Blue Ridge Services (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain other devices, you may need to visit www.blueridgeservices.com/terms-of-use to review these hyperlinked terms.

Acceptance of Terms of Use

These Terms of Use govern your use of the BRS On-Demand. By using, visiting, or browsing the service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the service.

Blue Ridge Services is the provider to you (referred to as "BRS On-Demand" in these Terms of Use) and with whom you are entering into this agreement, will be the same provider regardless of your country of origin when you sign up for the BRS On-Demand service.

Changes to Terms of Use

Blue Ridge Services may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.blueridgservices.com/priorterms).

Communication Preferences

By using the BRS On-Demand service, you consent to receiving electronic communications from Blue Ridge Services relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the On-Demand service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Blue Ridge Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new BRS On-Demand features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click on the “Unsubscribe” button on any Blue Ridge Services emails.

Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your On-Demand membership, which may start with a free trial, will continue month-to-month (or annually if you sign-up for the annual subscription) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the On-Demand service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

Differing Memberships

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with BRS On-Demand by visiting our website and clicking on the "Your Account" link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Free Trials

Your BRS On-Demand membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Blue Ridge Services reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Billing

Recurring Billing. By starting your BRS On-Demand membership and providing or designating a Payment Method, you authorize us to charge you a monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of the service to your Payment Method.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle

The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or each year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event that your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your On-Demand membership or became a paying member on January 31st, your next payment date (for a monthly subscription) is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by emailing Andria Radmacher at andria@blueridgeservices.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your BRS On-Demand membership at any time, and you will continue to have access to the service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH/YEAR MEMBERSHIP PERIODS OR UNWATCHED VIDEOS, TRAINING, WEBINARS, ETC. To cancel, email Andria Radmacher at andria@blueridgeservices.com. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for BRS On-Demand using your account with a third party as a Payment Method, and wish to cancel your membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the BRS On-Demand service through that third party. You may also find billing information about your On-Demand membership by visiting your account with the applicable third party.

Blue Ridge Services On-Demand Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the BRS On-Demand service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

The On-Demand service, and any content viewed through our service, are for your personal and non-commercial use only. During your membership, we grant you a limited, non-exclusive, non-transferable, license to access the service and view our online library (which includes training material, webinars, training videos, etc.) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

You may view a video through the BRS On-Demand service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such video(s).

We continually update the BRS On-Demand service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of all content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

You agree to use the BRS On-Demand service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the On-Demand service without express written permission from Blue Ridge Services and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the On-Demand service; use any robot, spider, scraper or other automated means to access the service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the On-Demand service; insert any code or product or manipulate the content of the On-Demand service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the BRS On-Demand service, including any software viruses or any other computer code, files or programs.

The availability of viewable content may change from time to time, and from country to country. The quality of the display of the training content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. Not all content is available in HD. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Blue Ridge Services makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching viewable content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected to view and the configuration of your BRS On-Demand-ready device.

BRS On-Demand streaming software is developed by, or for, Blue Ridge Services and is designed to enable streaming of content from the On-Demand platform through BRS On-Demand ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE BRS ON-DEMAND AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the BRS On-Demand service. If the device you use to access your BRS On-Demand content is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the On-Demand service through your account and may be able to access certain of your account information.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

The member who created the BRS On-Demand account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the On-Demand account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone except those affiliated with the Account Owner’s facility or place of business. In addition, if the Account Owner wishes to prohibit others from contacting BRS On-Demand Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Blue Ridge Services website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Blue Ridge Services reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Blue Ridge Services is not obligated to credit or discount a membership for holds placed on the account by either a representative of Blue Ridge Services or by the automated processes of Blue Ridge Services.

Common Sense

All content presented through the BRS On-Demand platform is intended to assist the subscriber/member/viewer/participant in understanding how to work safely in and/or around a waste facility including but not necessarily limited to: landfills, transfer stations, green waste or recycling facilities, and other types of waste facilities. It is not intended to replace common sense or judgment. The BRS On-Demand, including the author(s), marketers, distributors and publisher(s) of its content shall not be held responsible in any way for the safety of those accessing and using any and all of the material (both audio, video, printable, etc) on the BRS On-Demand platform for training, educational or any other purpose(s).Safe operation of every waste facility is the responsibility of that facility’s owner, manager, operators and laborers and other staff.

Disclaimers of Warranties and Limitations on Liability

THE BRS ON-DEMAND SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BRS ON-DEMAND SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BLUE RIDGE SERVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE BRS ON-DEMAND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLUE RIDGE SERVICES SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ON-DEMAND-READY DEVICES, AND BLUE RIDGE SERVICES SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE RIDGE SERVICES, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property

Copyright

The BRS On-Demand service, including all content provided on the BRS On-Demand service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Governing Law

If you are a resident of Brazil, these Terms of Use shall be governed by and construed in accordance with the laws of Brazil.

For all other BRS On-Demand members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions.

You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the BRS On-Demand service. These Applications may import data related to your On-Demand account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Blue Ridge Services is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY BLUE RIDGE SERVICES AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

Use of Information Submitted. Blue Ridge Services is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the BRS On-Demand service, including the Blue Ridge Services website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BRS On-Demand service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Blue Ridge Services does not accept unsolicited materials or ideas for training material, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Blue Ridge Services. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Blue Ridge Services and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

Customer Support

For assistance with any aspect of the BRS On-Demand platform, please contact Sarah Bolton at sarah@blueridgeservices.com In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

Arbitration Agreement

If you are a BRS On-Demand member in the United States (including its possessions and territories), you and Blue Ridge Services agree that any dispute, claim or controversy arising out of or relating in any way to the BRS On-Demand service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Blue Ridge Services are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your BRS On-Demand membership.

YOU AND BLUE RIDGE SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Blue Ridge Services agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: June 26, 2015