Terms of Use


Last updated on April 6, 2021

 

Terms 

 

SERVICE AGREEMENT

 

All Lee County residents who wish to use ViroTek for private garbage removal and disposal must enter into an Agreement with ViroTek.  Upon execution of an Agreement, we will submit a copy of your agreement to the Lee County Revenue Commissioners Office along with a letter signed by you requesting that you be exempt from the Lee County garbage fee or solid  waste disposal fee pursuant to Alabama Code §45-41-243(4).  Alabama Code § 45-41-243(4) provides that the Lee County Commission may assess a solid waste disposal or garbage fee on Lee County residents residing outside of Auburn or Opelika who do not contract for private garbage disposal. 

 

 

SERVICES RENDERED; SOLID WASTE MATERIALS

 

The customer grants ViroTek the exclusive right, and ViroTek, through itself and its affiliates, will furnish equipment and services, to collect, remove, and dispose of and/or recycle (collectively, the "Services") all of the Customer's solid waste materials at the Customer's service address. The customer agrees that the Solid Waste Materials collected under these terms and conditions shall not include any excluded materials. "Solid Waste Materials" means all non-hazardous  waste, organic waste, and if applicable, recyclables, generated by materials or at the Customer's service address. Solid Waste Materials shall not include any Excluded Materials. "Excluded Materials" means (a) any waste tires, (b) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, require more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for excluded materials shall remain with the customer at all times. Title to Customer's Solid Waste Materials is transferred to ViroTek upon ViroTek’s receipt or collection of the Solid Waste Materials unless otherwise provided in these terms and conditions or applicable law.

 

Destruction of Personal Property

 

The customer agrees to hold ViroTek harmless for any property damage caused by ViroTek in connection with it providing garbage removal and disposal services to customers.  ViroTek offers tailored front door services to disabled and elderly residents in the rural Lee County, Alabama area. Once any employee or agent of ViroTek enters a customer’s property to provide garbage removal and disposal services, ViroTek will not be responsible for any personal injury damage or damage to property such as vehicles, lawn, landscaping, mailboxes, animals,  personal belongings, fixtures or improvements occurring at the service address. Customers shall not have any vehicles or any obstructions blocking access to the trash can on their scheduled pickup day. Our employees have the right not to search for the trash can while on a customer’s property and will be instructed to leave the premises if the trash can is not visible. 

 

Safety of ViroTek Services LLC Employees While On Customer's Property

 

Customers must have all animals on leashes or in a caged area on their scheduled pickup day. Click here to see what day your pickup is on https://www.virotekservices.com/curbside-pickup. Should any employee of ViroTek be injured while on a customer’s property due to the negligence of the customer, ViroTek and its employees have the right to pursue legal action against the customer. 

 

EQUIPMENT

 

 Any garbage cart(s) or bin(s) ("Equipment") ViroTek Services LLC furnishes to customers shall remain ViroTek's property. While the equipment is in the customer's possession, the customer is liable for all loss or damage to the equipment, except for normal wear and tear. Customers shall provide safe, unobstructed access to the equipment on the collection day. If applicable, customers must place the equipment on curbside the day before collection day.


APPLICABLE LAW MAY PROVIDE CUSTOMER THE RIGHT TO CANCEL THEIR AGREEMENT WITH VIROTEK, AT THE CUSTOMER’S OPTION, WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME WITHIN THREE BUSINESS DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) OF ACCEPTANCE OF THESE TERMS AND CONDITIONS. TO DO SO, PLEASE NOTIFY US BY CONTACTING US AT

888-599-8476 OR EMAIL US AT INFO@VIROTEKSERVICES.COM

 

 

 

ELECTRONIC COMMUNICATIONS

 

When you 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 or text messaging. 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.

 

 

 

INTELLECTUAL PROPERTY

 

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of ViroTek, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Sites without the prior, express written consent of ViroTek, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other "hidden text" utilizing ViroTek or its affiliates’ name or Trademarks without the express written consent of ViroTek, its affiliates, or third-party licensors. All rights reserved.

Sites Materials. All Trademarks, and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of ViroTek, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of ViroTek, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any materials or trademark or other proprietary information (including images, text, page layout, or form) of ViroTek or its affiliates without the express written consent of ViroTek.

Any copies that you make of the materials must retain all our copyright and other notices. Except as expressly provided for in these Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Sites, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Sites, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Sites, including, but not limited to, the Materials. No portion of the content on the sites may be stored on a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

 

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 ViroTek Services LLC; (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 the involvement of a parent or guardian. ViroTek Services LLC and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

 

 

 

INDEMNIFICATION

You agree to indemnify, defend and hold ViroTek Services LLC 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. ViroTek Services LLC 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 ViroTek Services LLC in defense of such claim. ViroTek Services LLC 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. ViroTek reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our sites.

 

 

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 ViroTek Services LLC

 

 

If you have any questions regarding these Terms of Use, you can contact us by email at info@virotekservices.com or by mail at ViroTek Services LLC, Attention: Privacy Officer, P.O. Box 997, Opelika, Alabama 36803.

 

Last updated on April 6, 2021.

© 2021 ViroTek Services LLC

9891 Alabama Hwy 51 Opelika, AL 36804

info@virotekservices.com

(888) 599-8476

© 2021 ViroTek Services LLC. All Rights Reserved.