Terms of Use

Charah, LLC Terms of Use

Last revised: March 27, 2018

Acceptance of the Terms of Use

Welcome to the website of Charah, LLC (“Company”, “We” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these “Terms of Use”), govern your access to and use of websites operated by us from which you are accessing these Terms of Use, including, but not limited to, https://charah.com/ and www.charahsolutions.com/ (the “Websites”), and any content, functionality, and services offered on or through https://charah.com/ and www.charahsolutions.com/ (together with the Websites, our “Webpages”).    References to “you” or “your” in these Terms of Use include you and, if acting on behalf of a third party or your employer, any such third party or employer.

Please read these Terms of Use carefully before you start to use any Webpage.  By using any Webpage, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://charah.com/terms-of-use/, incorporated herein by reference. If you do not accept and agree to these Terms of Use and our Privacy Policy, you must not access or use the Webpages.  These Terms of Use may change from time to time without advanced notice, as outlined below in the Changes to These Terms of Use section.  Continued use of any Webpage after we make changes is deemed to be acceptance of those changes, so please check these Terms of Use periodically for updates.

Children Under the Age of Thirteen (13)

The Webpages do not target anyone under thirteen (13) years of age.  By accessing any Webpage, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Webpages.

Changes to These Terms of Use

It is our policy to post any changes we make to these Terms of Use on this page.  The date these Terms of Use was last revised is identified at the top of the page.  You are responsible for periodically visiting this page and these Terms of Use to check for any changes.

Accessing the Webpages and Account Security

We reserve the right to withdraw or amend any Webpage, and any service or material we provide on any Webpage, in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of any Webpage is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Webpages, or all of the Webpages, to users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Webpages.
  • Ensuring that all persons who access the Webpages through your internet connection are aware of these Terms of Use and comply with them.

To access the Webpages or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Webpages that all the information you provide on the Webpages is correct, current, and complete.  You agree that all information you provide to register with the Websites or otherwise is governed by our Privacy Policy, located at https://charah.com/pricacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Where we have given you (or where you have chosen) a password for access to certain parts of the Webpages, you must keep this password confidential and not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Webpages, or portions of it, using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Webpages and all of our content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Webpages for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Webpages, except as follows:

  • Your computer may temporarily store copies of such materials in RAM, incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one (1) copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Webpages.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Webpages.

You must not access or use for any commercial purposes any part of the Webpages or any services or materials available through the Webpages.

If you wish to make any use of any of the material on the Webpages other than that set out in this section, please contact us at https://charah.com/contact/.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Webpages in breach of the Terms of Use, your right to use the Webpages will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Webpages or any content on the Webpages is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Webpages not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks and Service Marks

The Company name, the marks CHARAH®, CHARAH SOLUTIONSTM, PRICELITE®, ECOSAND®, ECOFILL®, ECOAGGREGATE®, PONDX®, MULTISOURCE®, and the Map Locator Design and all related names, logos, product and service names, designs and slogans are trademarks and/or service marks of the Company.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on the Webpages are trademarks and/or service marks of the Company or their respective owners.

Prohibited Uses

You may use the Webpages only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Webpages:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set forth below in these Terms of Use.
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user of the Webpages, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Webpages, or which, as determined by us, may harm the Company or users of the Webpages or expose them to liability.
  • Otherwise attempt to interfere with the proper working of the Webpages.

Additionally, you agree not to:

  • Use the Webpages in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Webpages, including their ability to engage in real time activities through the Webpages.
  • Use any robot, spider, or other automatic device, process or means to access the Webpages for any purpose, including monitoring or copying any of our material on the Webpages.
  • Use any manual process to monitor or copy any of our material on the Webpages or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Webpages.
  • Introduce any viruses, trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful to the Webpages.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Webpages, the server on which the Webpages is stored, or any server, computer, or database connected to the Webpages.
  • Attack the Webpages via a denial-of-service attack or a distributed denial-of-service attack.

User Contributions

All comments, content, and materials you transmit on or through the Websites and/or that you provide to us or our affiliates through other means, such as electronic communications, are collectively referred to herein as “User Contributions”.

All User Contributions must comply with the Content Standards set forth below in these Terms of Use.

Any User Contributions will be considered non-confidential and non-proprietary.  By providing any User Contributions, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns, the right throughout the universe to use, reproduce, modify, perform, prepare derivative works based upon, display, distribute, and otherwise disclose to third parties any such material, in whole or in part, for any purpose in any medium, known or unknown, without consent or attribution.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy, and appropriateness.  We are not responsible, or liable to any third party, for any User Contributions or the accuracy thereof.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms of Use, including the Content Standards listed below, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Webpages or the public, or could create liability for the Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Webpages.
  • Terminate or suspend your access to all or any part of any of the Webpages for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Contributions. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF THE FOREGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or User Contributions provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://charah.com/privacy-policy/.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Webpages is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Webpages, or by anyone who may be informed of any of its contents.

The Webpages include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Webpages

We may update the content on the Webpages from time to time, but the content is not necessarily complete or up-to-date.  Any of the material on the Webpages may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Webpages

All information we collect from your use of the Webpages is subject to our Privacy Policy located at https://charah.com/pricacy-policy/.  By using the Websites, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Online Purchases and Other Terms and Conditions

Additional terms and conditions may apply to specific portions, services, or features of the Webpages; to purchases made through the Websites; or to other transactions made for the sale of goods or services as a result of visits made to the Webpages.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Websites

You may link to the homepage of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Additionally, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Webpages or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Websites other than the homepage.
  • Otherwise take any action with respect to the materials on the Webpages that is inconsistent with any other provision of these Terms of Use.

The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set forth in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

Links from the Webpages

If the Webpages contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to the Webpages, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Webpages is based in the state of Kentucky in the United States.  We make no claims that the Webpages or any of the content is accessible or appropriate outside of the United States.  Access to the Webpages may not be legal by certain persons or in certain countries.  If you access the Webpages from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Webpages will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Webpages for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBPAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.

YOUR USE OF THE WEBPAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES IS AT YOUR OWN RISK.  THE WEBPAGES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBPAGES.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBPAGES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR WEBPAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBPAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR EACH OF THEIR AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBPAGES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBPAGES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBPAGES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use; your use of the Webpages, including, but not limited to, your User Contributions; any use of any material we post on the Websites or the Websites’ content, services and products other than as expressly authorized in these Terms of Use; or your use of any information obtained from the Websites.

Governing Law

All matters relating to the Webpages and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the state of Kentucky or any other jurisdiction).

Limitation on Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBPAGES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Charah, LLC with respect to the Webpages and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Webpages.

Your Comments and Concerns

The Websites are operated by:

Charah, LLC

Headquarters

12601 Plantside Drive

Louisville, KY 40299

Toll-free: 877-314-7724

Phone: 502-245-1353

Fax: 502-245-7398

Any feedback, comments, requests for technical support, or other communications relating to the Webpages should be directed to: https://charah.com/contact/.

Thank you for visiting the Webpages.