DUMPSTER MARKET TERMS OF SERVICE
Dumpster Market, LLC, a Delaware limited liability company, with an address of 1151 Massachusetts Ave. Suite 14 Cambridge, MA 02138, and/or its affiliates (“we” or “Dumpster Market”) provide website features and other services to you when you visit Dumpster Market.com (the “Website”), use our services, use our mobile application, if any, or use any software or other application we may make available in connection with the foregoing (collectively, “Dumpster Market Services”). Your use of the Dumpster Market Services is conditioned upon your acceptance of the terms and conditions set out in this Agreement (this “Agreement”).
We reserve the right to make changes to this Agreement and the Policies at any time. We will make a reasonable effort to notify all active Participants (defined below) of material changes made to this Agreement and/or the Policies and the date in which such changes take effect. All modified terms and conditions shall take effect immediately after posting to the Dumpster Market website, or upon the stated date included within the announcement, if any. It is the Participant’s responsibility to review this Agreement and Policies on a regular basis and keep informed of any modifications thereto. We further reserve the right to modify discontinue any or all Dumpster Market Services at any time and without notice and without any liability or responsibility to you.
CERTAIN DEFINED TERMS
- Customer. A person (whether an individual, company or other entity or organization) that arranges to have junk or waste removed by a Hauler.
- Hauler. A person (whether an individual, company or other entity or organization) that provides junk or waste removal services to a Customer.
- Participant. A Customer, Hauler or any other user of the Dumpster Market Website or Dumpster Market Services shall be collectively referred to herein as a Participant.
- Person. Any individual, company or other entity or organization.
OUR ROLE IN TRANSACTIONS BETWEEN CUSTOMERS AND HAULERS
- Dumpster Market is a Neutral Venue for Customers and Haulers. We are not a broker, Customer, or Hauler, or an agent for any broker, Customer or Hauler. The Website acts as a venue or passive conduit where Customers and Haulers can interact and enter into agreements for the removal of junk and waste from Customer locations. We are not a party to any agreement made between Participants via the Website or other Dumpster Market software platforms. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.
- No Investigation, Validation or Endorsement; No Agency. We do not prequalify or validate the claims of Haulers including with respect to their licensure, insurance and registration, or their compliance with any other applicable law or regulation. We do not endorse, recommend or refer any specific Hauler, nor do we have any control or influence over actions or decisions made by Customers or Haulers. All Participants make their own decisions and you acknowledge and agree that we are not in any way arranging junk or waste removal services on your behalf.
- No Assurances or Guarantees. Because we are not involved in the actual transactions between Customers and Haulers, we have no control over the accuracy of listings, the availability of Haulers, or the ability of Haulers to remove or transport items. We cannot ensure a Hauler will actually remove the item(s) requested, or that the Hauler will dispose properly of any item(s) actually removed. We cannot and do not guarantee the ability of Participants to complete or fulfill any services booked through the Dumpster Market platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any Participant’s identity. While we do not obligate ourselves to conduct any identity verification, any identity verification methods that we may employ are strictly on a best efforts basis and should not be solely relied upon by any person. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of junk or waste removal services are not provided by us and are specifically and solely between you and the other Dumpster Market Participant.
- Entry into Agreements. You represent that you are at least 18 years of age and can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement and to any agreements you may enter into using the Dumpster Market Services. Dumpster Market Services are not available to temporarily or indefinitely suspended Participants. Your Dumpster Market account may not be transferred or sold to another party. The Dumpster Market Services are for waste removal services only; you agree that any services arranged for over the Website or using the Dumpster Market Services will involve only junk and waste removal services. You are not permitted to use the Website or the Dumpster Market Services website as a means to sell or market any types of goods or products, unless specifically permitted by Dumpster Market in a separate writing.
- Registration Fees. There is no listing, registration or subscription fees for Customer or Hauler accounts at this time, however, Dumpster Market reserves the right to establish any such fee or fees in the future.
Dumpster Market LLC, a Delaware Corporation (the “Contractor”) provides these terms and conditions that apply to the Customer’s use of the equipment and services provided or offered now or in the future by the Contractor (the “Agreement”). Any terms in any agreement or other documentation that are in addition to or inconsistent with the Agreement are rejected by the Contractor and will have no effect.
Customer represents and warrants that Customer has the right, authority, and capacity to enter into legally binding agreements in an individual capacity or on behalf of an entity, and agrees that any agreement under these terms and conditions constitutes a valid agreement in Customer’s individual capacity or on behalf of an entity.
Customer represents and warrants that Customer has read the Agreement in its entirety and by clicking “I Accept” or otherwise accepting through any other reasonable means, electronic or otherwise, agrees to be bound by the Agreement.
1.1. “Applicable Environmental Laws” means regulations enacted by the Environmental Protection Agency or any State Agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended from time to time, or applicable State law.
1.2. “Authorized Site” means the area of land, property, site, structure or location authorized by the Customer for installation of the Equipment.
1.3. “Sub-contractor” means third party service providers, their employees, associates, affiliates, assigns, licensees and other authorized individuals that the Contractor may engage from time to time to deliver or collect Equipment, Replacement Equipment and waste, and provided such other services within the Contractor’s discretion.
1.4. “Delivery Date” means the date, on which the Equipment is delivered or installed at the Authorized Site.
1.5. “Equipment” means the roll-off dumpster and any of its parts or components provided by the Contractor or its Sub-contractors pursuant to this Agreement for the storage of waste material.
1.6. “Operational Failure” means failure of the Equipment to operate due to a defect in material, or workmanship, or normal wear and tear that occurs through the safe and appropriate operation of the Equipment.
1.7. “Prohibited Waste” means any waste fitting the descriptions listed in Section 3.3 of this Agreement.
1.8. “Replacement Equipment” means equipment of like, kind and quality with comparable features and functionality to the Equipment which Contractor provides to the Customer in exchange for the Equipment
2. Delivery. On the Delivery Date, Contractor will use its reasonable efforts to deliver the Equipment to the Customer at the Authorized Site. Customer shall be responsible for ensuring an appropriate location for the Equipment at each Authorized Site. Customer shall be responsible for ensuring that the Authorized Site and any right of way required to access the Authorized Site is free of obstructions, debris or any other hazardous conditions that may prevent delivery of the Equipment, damage the Equipment or cause harm to Contractor or Contractor’s vehicle delivering the Equipment. If the Contractor is unable to deliver the Equipment through reasonable efforts, the Customer will be notified and additional attempts to deliver the equipment can be scheduled. If Contractor was unable to deliver as a result of the acts or omissions of the customer, every additional attempt to deliver the Equipment will be scheduled for a rescheduling fee of a maximum amount of $150 per attempt to be paid by Customer.
3. Equipment Use.
3.1. Use by Customer. While Equipment is in the possession of Customer or located at the Authorized Site for Customer’s use, Customer shall:
3.1.1. Use the Equipment for waste storage purposes only;
3.1.2. Refrain from filling the Equipment past its capacity;
3.1.3. Refrain from filling the Equipment past its maximum weight limit;
3.1.4. Refrain from incinerating or composting waste in the Equipment;
3.1.5. Maintain the cleanliness of the equipment;
3.1.6. Provide for the safekeeping of the Equipment; and
3.1.7. Instruct its employees, affiliates, contractors, consultants or other authorized users to use the Equipment pursuant to the terms of this Agreement.
3.2. Inability to Use. If Customer is unable to use the Equipment as contemplated by this Agreement due to an Operational Failure of the Equipment, Customer will notify the Contractor, and the Contractor will remove the Equipment from the Authorized Site and deliver any Replacement Equipment using commercially reasonable efforts to the Authorized Site, at no additional cost to Customer. Any removal of Equipment and delivery of Replacement Equipment will be conducted pursuant to Section 2 above.
3.3. Prohibited Uses. Customer shall not use the Equipment to store waste that is:
3.3.1. Hazardous as defined by Applicable Environmental Laws;
3.3.2. Flammable as defined by Applicable Environmental Laws;
3.3.3. Explosive as defined by Applicable Environmental Laws;
3.3.4. Toxic waste as defined by Applicable Environmental Laws;
3.3.5. Corrosive; as defined by Applicable Environmental Laws;
3.3.6. Industrial waste;
3.3.8. Biomedical (including, but not limited to, sharps, medical devices, and infectious biological material);
3.3.9. Chemical Waste;
3.3.11. Refrigerants (e.g. freon)
3.3.12. Appliances containing freon (e.g. refrigerators, air conditioners);
3.3.13. Hot water heaters and tanks
3.3.14. Paints, oils and varnishes;
3.3.15. Inks and resins;
3.3.16. Motor oil and other automobile fluids;
3.3.18. Cleaning Products, including household cleaners;
3.3.19. Any liquids whether contained or otherwise;
3.3.21. Fuel tanks;
3.3.22. Vehicle batteries and tires;
3.3.23. Railroad ties;
3.3.24. Animal carcasses of any kind;
3.3.25. Contaminated soil and absorbents; or
3.3.26. Otherwise known to be prohibited by law or injurious or deleterious to the environment, human beings, or other species or damaging to the Equipment;
In addition to the list above, different municipalities may have additional restrictions on the types of waste that are prohibited from being placed in roll-off dumpsters or disposed of at waste disposal sites. It is the Customer’s sole responsibility to ensure the waste being placed in the Equipment comply with the laws and rules of Customer’s municipality.
3.4 Permits. If Equipment is to be delivered or the Authorized Site lies on public property, public road, or public lot, Customer may be required to obtain a permit for the placement of the Equipment from the local municipality. It is the Customer’s sole responsibility to obtain any required permits and pay any required fees or fines related to the required permits.
4. Charges for Prohibited Waste. Customer shall be liable for the entirety of any reasonable costs incurred by the Contractor in properly disposing of any Prohibited Waste and cleaning the Equipment to remove any traces of the Prohibited Waste.
5. Charges for damage to Equipment. Customer shall be liable for the entirety of reasonable costs incurred by the Contractor or its Sub-contractor for repairs to or replacement of Equipment due to damage caused by the use, operation or possession of the Equipment by Customer, whether negligent or otherwise, except for normal wear and tear.
6. Collection of Waste.
6.1. Contractor shall use reasonable efforts to collect the waste disposed in the Equipment in accordance with Section 15.3 of this Agreement, on the later of (i) the date of termination of this Agreement; (ii) the completion of the Initial Term (as defined in Section 13); or (iii) the completion of any subsequent Renewal Term (as defined in Section 13).
6.2. Customer is solely responsible for ensuring Contractor and Contractor’s vehicles have access to the Equipment pursuant to the terms contained in Section 7 of this Agreement. If Equipment is obstructed so as to prevent collection of waste by the Contractor, Customer will be notified and one additional attempt to collect waste shall be made by the Contractor, at no charge to the Customer. Any further attempts to collect waste will incur additional service fees to be paid by Customer.
7. Provision of Passage. In order to deliver the Equipment Contractor’s vehicles require [twenty-five (25)] feet of vertical clearance and [sixty-five (65)] feet of horizontal clearance in a straight line. Customer shall be solely responsible for ensuring Contractor and Contractor’s vehicles have unobstructed access to the Equipment, including but not limited to:
7.1. ensuring there is reasonable line of sight to the Equipment at the Authorized Site;
7.2. ensuring Contractor or Contractor’s vehicles have reasonable clearance from near-by structures, fixtures, fencing, vehicles, trees, landscaping, animals, slopes, bodies of water, or other potential sources of interference; and
7.3. ensuring any roadway, trail or structure that Contractor or Contractor’s vehicle may need to traverse in order to access the Equipment are of sufficient dimensions and strength to support the stresses of such crossing.
8. Ownership of Equipment. All equipment furnished by the Contractor for use by Customer shall remain the property of the Contractor. All Equipment is to be returned to the Contractor or its Sub-contractor in the condition it was received, except for normal wear and tear. Customer shall refrain from modifying (including, but not limited to, painting), moving, transporting or otherwise relocating the Equipment while in Customer’s possession. Customer may request relocation of the Equipment by submitting a written request to the Contractor. Contractor shall use reasonable efforts to relocate the Equipment at the Authorized Site per Customer’s request within five (5) business days of receiving such written request.
9.1. Customer agrees to defend, indemnify, and hold harmless the Contractor from any and all claims, lawsuits, and liability arising under Local, State, or Federal Laws and Regulations related to the protection of the environment, including, but not limited to, the Resource Conservation and Recovery Act of 1976, as amended from time to time, or applicable State law, related to Customers use or possession of the Equipment.
9.2. Customer agrees to defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to persons or damage to property related to use or possession of the Equipment by Customer or a breach of this Agreement by Customer.
9.3. Customer agrees to defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to persons or damage to property related to filling the Equipment past its maximum fill capacity or weight limit.
9.4. Customer agrees to defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to persons or damage to property related to any and all waste stored in the Equipment, whether negligent or otherwise, whether on Customer’s property or elsewhere, whether initiated by any private or public parties or State or Federal Regulatory or Law Enforcement Agencies.
9.5. Customer acknowledges that Contractor engages Sub-contractors to perform certain services including, but not limited to, delivery and collection of Equipment and Replacement Equipment and collection of waste from the Equipment. Accordingly, Customer agrees to defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to persons or damage to property related to services provided by Sub-contractor whether negligent or otherwise.
9.6. Customer acknowledges that the Equipment or waste stored in the Equipment may attract trespassing persons and animals. Accordingly, Customer agrees that Customer is solely responsible for excluding such trespasses by persons or animals and will defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to persons or damage to property caused by such trespassing persons and animals, including any claims, lawsuits and liability for attractive nuisance, as defined under applicable State laws.
9.7. Customer agrees to defend, indemnify and hold harmless the Contractor from any and all claims, lawsuits and liability for injury to Contractor or damage to Contractor’s vehicle or equipment related to use, or possession of Equipment, filling the equipment past its maximum fill capacity or weight limit, location of Equipment, or provision of right of way to Equipment by Customer, whether negligent or otherwise.
9.8. Customer agrees to defend, indemnify and hold harmless Contractor from any and all claims, lawsuits and liability arising out of the unauthorized use by the Customer or its employees, associates, affiliates, and other related individuals of Contractor’s website and web services, including, but not limited to, introduction of viruses, malware, spyware, or digital backdoors, active or passive monitoring or collection of information, and electronic intrusion, misappropriation, theft or copying of Contractor’s data and any and all personal or payment information.
10. Payment by Customer. Customer shall pay an upfront fee for the rental and use of the Equipment. Customer shall receive an invoice from the Contractor, upon the termination of this Agreement, for any additional services provided by the Contractor, including any additional charges for additional deliveries pursuant to Section 2, reasonable charges for disposal of prohibited waste pursuant to Section 4, repairs or replacement of Equipment pursuant to Section 5, additional collections pursuant to Section 6 and any other charges related to maintenance and cleaning of Equipment. Customer shall pay to the Contractor all charges listed on the invoice within ten (10) days of the date of such invoice, without further demands from the Contractor. Any outstanding amount due after ten (10) days from date of invoice shall incur a late payment fee of twenty-five Dollars ($25).
11. Rate Adjustment. Customer agrees that Contractor may, without providing notice to Customer, invoice the Customer at the termination of this Agreement for additional costs related to its services hereunder caused by increases in the usual costs of doing business, including but not limited to increases in costs of fuel, transportation, storage, disposal of waste, fees, taxes (other than income or real property taxes) or other governmental or agency charges that have gone into effect since the commencement of the Initial Term (as defined in Section 13) or any subsequent Renewal Term (as defined in Section 13).
12. Cancellation of Orders. Customer may cancel any order for Equipment outside of 5 business days of delivery by notification to the Contractor and be granted a full-refund of any amounts paid by Customer to the Contractor in relation to the cancelled order. Any order for Equipment canceled inside of 5 business days, but outside of 24 hours before delivery may receive a 50% refund. Any cancellations inside of 24 hours of delivery is non-refundable.
13. Term. This agreement shall extend for an initial term of [ten (10)] days from the date hereof (the “Initial Term”), and can be renewed for successive [ten (10)] day terms thereafter (the “Renewal Term”), upon written notice to the Contractor. Upon the commencement of the Renewal Term, Customer will be charged an upfront fee equal to the initial fee charged for the rental and use of the Equipment at the commencement of the Initial Term, with adjustments for any increased costs, as described in Section 11.
14.1. Notwithstanding the above, if Customer shall terminate the Agreement prior to the expiration of the Initial Term or any subsequent Renewal Term, Customer shall not be refunded any fees paid and will remain liable for any additional costs pursuant to Section 10 above.
14.2. If during the term of this Agreement, either party shall be in material breach of the provisions of this Agreement, the other party shall provide written notice of such breach to the breaching party and allow for a period of forty-eight (48) hours to cure such breach. If such material breach remains uncured upon written notice of the breach and completion of a period of forty-eight (48) hours, the non-breaching party may terminate its obligations under this Agreement by delivering a written notice of termination to the breaching party, such termination to become effective upon receipt of such notice.
14.3. In the event of a termination by the Customer, pursuant to Sections 14.1 and 14.2 above, Customer shall inform the Contractor of such termination in writing. Customer acknowledges that notice provided to any party, except for the Contractor, shall be insufficient to effectuate termination.
15. Reclamation of Equipment.
15.1. Reclamation by Contractor. Upon termination of this Agreement, Contractor shall have the right to collect its Equipment and all waste contained therein at its reasonable discretion. Customer agrees to cooperate with Contractor or its Sub-contractors in peaceably relinquishing the Equipment by ensuring unobstructed access to the Equipment at the Authorized Site, absence of any prohibited waste within the Equipment, refraining from filling the Equipment past its maximum fill capacity or weight limit, and refraining from modifying, transporting or relocating the Equipment from the Authorized Site. The Contractor may charge Customer a fee for any reasonable repairs to the Equipment or cleaning of the Equipment related to the Customer’s use, operation or possession of the Equipment.
15.2. Requested Removal by Customer. If Customer desires to have the Equipment and the waste contained therein removed, Customer must provide notice to the Contractor for removal of Equipment. Customer acknowledges that notice provided to any party, except for the Contractor, shall be insufficient to effectuate removal of Equipment. Customer acknowledges and agrees that unless removal of Equipment is properly requested pursuant to this Section 15.2, Customer will continue to be liable for possession and use of the Equipment and for any invoices and costs pursuant to Section 10 above. Removal will occur 2 business days after the day of removal request. Any billing for inactivity fees will end upon removal, not the request of removal.
15.3. Exceeded Capacity. Each size of Equipment has a maximum fill capacity and weight limit. If at the time of collection of the Equipment and waste contained therein, Contractor determines that the waste in the Equipment exceeds the Equipment’s maximum fill capacity or weight limit, Customer will be required to remove that amount of waste which exceeds the maximum fill capacity or weight limit. Even if the waste contained within the Equipment on its own does not exceed the maximum capacity or weight limit of the Equipment, environmental conditions such as rain, snow or ice can cause the Equipment to exceed maximum capacity and weight limit. Customer should keep equipment covered by a tarp when not in use to prevent accumulation of unintended materials within the Equipment.
16.1. Assignment. Customer may not assign or transfer this Agreement, the Equipment or Customer’s rights or obligations hereunder to any third party without the prior written consent of the Contractor. The Contractor may assign or transfer this Agreement or its rights or obligations hereunder and thereunder to an affiliate or a successor entity without the consent of and without notice to Customer. This Agreement shall be binding upon and accrue to the benefit of each of the parties and their successors, legal representatives and permitted assigns.
16.2. DISCLAIMERS. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND CONTRACTOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE CONTRACTOR MAKES NO WARRANTY THAT THE SERVICES AND EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
16.3. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CONTRACTOR (OR ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS), BE LIABLE TO THE CUSTOMER FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT AND SERVICES, BREACH, MISAPPROPRIATION, OR THEFT OF PERSONAL OR FINANCIAL INFORMATION OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR CUSTOMER’S USE OF, OR INABILITY TO USE, THE EQUIPMENT, SERVICES OR CONTRACTOR’S WEBSITE AND WEB SERVICES, EVEN IF THE CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PERSON OR PROPERTY RESULTING FROM USE OF THE EQUIPMENT OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CONTRACTOR’S LIABILITY TO CUSTOMER FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CLAIMS OR OTHER DAMAGES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM AMOUNT EQUAL TO CUSTOMER’S LAST MONTHLY INVOICE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR THIRD-PARTY SERVICE PROVIDERS AND THE MANUFACTURER OF ANY PRODUCTS THAT YOU PURCHASE USING THE SERVICES WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
16.4. Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
16.5. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement or future waivers.
16.6. Survival of Agreement. Sections 1; 3.1; 3.3; 4; 5; 7; 8; 9; 15; 16.2; 16.3; 16.4; 16.5; 16.10; and 16.11 of this Agreement will survive the termination of this Agreement.
16.7. Accuracy of Information. Customer understands that information provided by it, or its Authorized Individuals may be used to provide the services and Equipment contemplated by this Agreement, and Customer represents and warrants that such information is truthful, accurate, and complete. Customer agrees that the Contractor may rely on any such information without any obligation to independently verify the truthfulness, accuracy, or completeness of such information.
16.8. Force Majeure. Contractor will have no responsibility or liability for any delays or failures due to acts of God, fire, flood, explosion, war, strike, embargo, acts of government, military authority, or the elements, any telecommunications failures, terrorist acts or other causes outside of the Contractor’s reasonable control.
16.9. Entire Agreement. This Agreement, contains the entire agreement of the parties with respect to the Equipment, and other subject matter herein. This Agreement may be amended or any provision waived only by written agreement of the parties
16.10. Attorneys’ Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
16.11. Governing Law; Venue This Agreement and all matters or issues collateral thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to the choice of laws principles thereof. Any action brought pursuant hereto will be brought in the state or federal courts of the State of Florida in the City of Jacksonville, Florida. The parties agree that they will not oppose this jurisdiction.
16.12. Notices All notices required or permitted under this Agreement shall be in writing, delivered personally, by certified or registered mail or by overnight delivery by an established commercial delivery at the respective addresses set forth below. Customer authorizes Contractor to communicate with Customer by email and Contractor may deliver any notice to the email address provided by Customer
Address for Notice:
AW Site Services LLC. dba ASAP Site Services
PO Box 2759
Columbia, MD 21045
- Customer Acceptance of Hauler Terms. The Hauler’s terms and conditions and tariffs apply to your agreement so Customer must read, understand and agree to those terms when booking services using the Website or the Dumpster Market Services. You are agreeing to the Hauler’s terms, conditions and tariffs, and entering into a legally binding agreement with the Hauler, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the Hauler, arrival and removal dates and times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered (see Section 18 for additional details). A Hauler reserves the right to inspect any item(s) to be removed before accepting them, and to refuse to remove any item prohibited by this Agreement or by law. Reminder: Dumpster Market does not screen or qualify Haulers for compliance with federal, state or local laws and regulations, including but not limited to Hauler compliance with junk and waste removal, handling and disposal laws and regulations.
- Pricing and Price Changes. Dumpster Market does not set or control prices offered by Haulers on the Website. The various prices offered for services are based upon Haulers proposed charge and additional fees and charges made by Dumpster Market. These prices are subject to change but they are locked in via checkout. The prices shown are for the services described and if the Customer requirements are different than the offer of services, the price may change the per the Haulers’ terms and conditions.
- Dumpster Market Charges. Dumpster Market will charge a fee in each transaction that will be included in the price charged to the Customer and will include fees for its service and credit card or other transactional expenses. This fee is non-refundable unless Hauler fails to perform the agreed-to services.
- Customer Credit Card. We require that Customers provide us with approval to retain his/her credit card information in our third-party payment gateway system (Stripe Inc.) and to charge the payment method in accordance with our services descriptions and the Haulers’ terms and conditions. As an example, in the event that a Customer orders (and pays in advance for) an open-top construction container for disposal of up to 3 tons, but the container actually ends up containing 5 tons, the Hauler will charge for the overage when Hauler dumps the waste at a disposal facility. In that situation, the Hauler will provide a disposal ticket and Dumpster Market will notify the Customer by email and charge the payment method we have on file. If Customer is assessed overage fees for items stated in the Vendor's Terms and Conditions, Dumpster Market will notify the customer by email and charge the payment method on file for the stated amount plus a transaction fee.
- Prohibited Items. Customer may not request services through the Website or the Dumpster Market that would cause any person to violate any applicable law, statute, ordinance, regulation or that requests or would cause a Hauler to transport or dispose of prohibited items. Prohibited items are hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous materials that cannot be shipped through the mail or by commercial carrier are not allowed on Dumpster Market. Full responsibility rests with the Customer to comply with all laws and regulations with respect to listing jobs involving, and requesting, the removal of all item(s).
- Relationship to Haulers. Dumpster Market agrees that customer information made available to it by or through any Hauler shall be treated as confidential information and held in strict confidence. Dumpster Market shall protect such information using the same standard of care used to protect its own confidential information and shall not use or disclose such information for any other purpose, including marketing or soliciting for Dumpster Market’s own account.
- Hauler Representations. As a Hauler, you must legally be able to remove waste that you agree to remove through the Website or the Dumpster Market Services. If you provide pricing and terms on the Website for waste removal services, you must also have in place a valid commercial general liability insurance policy with a limit of not less than $1,000,000 for each occurrence and in the aggregate, and by making an offering on the Website you are representing and warranting to Dumpster Market that you have such a policy. As a Hauler, you must have a valid license to operate the vehicle(s) you intend to use. You agree that it is your sole obligation to comply with all applicable laws, rules, statutes and regulations including without limitation any licensing requirements. You are solely responsible for all aspects of services, pricing and terms you offer to a Customer. You are solely responsible for performing any removal, and are not permitted to subcontract or bid out any removal services to third parties. All rates, services and terms of service are solely provided by the Haulers and not by Dumpster Market. You understand and acknowledge that all job information is provided by other registered users and Dumpster Market has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the job details and by booking services on Dumpster Market you are entering into a legally binding agreement to complete the services as requested by the Customer. All information as provided by Hauler must be accurate, current and complete.
- Payments to Haulers. Hauler payments are made on a weekly basis and will include all payments received for services performed the prior seven days for all of Customers of the Hauler. Subject to an additional fee, Hauler may request a more frequent pay-out schedule. Hauler may elect to receive payments either by ACH or check.
CANCELLATIONS AND CHARGEBACKS
- Excessive Hauler Cancellations. Haulers that have excessive cancellations after a transaction is booked will be charged a variable surcharge asset set forth below, based on the number of cancellations in the prior 12 months. This surcharge will be deducted from any amounts otherwise due and owing Hauler from Dumpster Market for other work performed or charged to the Hauler.
|Excessive Cancellation Surcharge Schedule|
|Cancellations in Prior 12 Months||Surcharge Amount|
|2 or less||$150 per cancellation|
|3 – 5||$200 per cancellation|
|6 –or more||$300 per cancellation/banned from the site|
- Warranted Chargebacks. In situations where a chargeback may be warranted, such as when a Participant feels that their card or payment method has been charged fraudulently, the Participant should first notify Dumpster Market so that we may investigate the claim to determine if a chargeback is appropriate. If Dumpster Market determines that a chargeback is appropriate, it will reverse the payment. Dumpster Market will pursue collection from Hauler for any wrongfully paid sums related to such warranted chargeback. If Participant does not first submit the chargeback to Dumpster Market for review, it will be deemed unwarranted by Dumpster Market.
- Unwarranted Chargebacks. Unwarranted chargebacks or payment reversals initiated by Participants are prohibited, may result in the suspension of your Dumpster Market account, and may result in Dumpster Market pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third party collections agency.
OUR INTELLECTUAL PROPERTY
- Intellectual Property Content. The Website and the Dumpster Market Services contain copyrighted material, inventions, know how, potential patentable business methods and trade secrets, design logos, phrases, names, logos or applications and code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of the Website and the Dumpster Market Services including but not limited to its color combinations, sounds, layouts and designs. Your use of the Dumpster Market Services does not confer upon you any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
- Limited License. Dumpster Market grants to you a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the Dumpster Market Services which you utilize. This license does not include any resale of Dumpster Market Services, or its contents; any collection and use of any offers, listings, descriptions, or prices; any derivative use of any Dumpster Market Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
- Reserved Rights and Prohibitions. All rights not expressly granted to you in this Agreement are reserved and retained by Dumpster Market or its licensors, suppliers, users, rights holders, or other content providers. No portion of any Dumpster Market Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dumpster Market. You may use the Dumpster Market Services only as permitted by law and this Agreement.
YOUR USE OF THE WEBSITE AND DUMPSTER MARKET SERVICES
- Information You Submit. You solely are responsible for any information you provide to us or other Dumpster Market Participants in the registration, listing, quotation, or service delivery process, or any other use of the Dumpster Market. Your personal information and job requirements (for Customers) and any offers (for Haulers) must be true, legal, accurate, and non-fraudulent. You authorize us to use the information you supply to us in connection with the Dumpster Market website process and in accordance with this Agreement.
- No Dumpster Market Control Over Content. Dumpster Market and its website act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the Website or the Dumpster Market that is in violation of this Agreement, illegal, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.\
- Your Representations Regarding Information You Provide; License. You expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Website or the Dumpster Market; or (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent required to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
- will not violate any international, federal or state law, regulation, rule, or statute;
- will not violate the terms of this Agreement;
- will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
- will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
- will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Dumpster Market employees, agents, other Participants, or the Website or any of the Dumpster Market services;
- will not knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of the Website or the Dumpster Market services, operation of any of our systems, and/or create or impose a large burden or load on the Website or the Dumpster Market services;
- will not scan or test the vulnerability or security of the Website or the Dumpster Market Services or the system within which the Website or the Dumpster Market Services operate;
- will not be used for commercial or public purposes outside of the requirements of this Agreement;
- will not knowingly create liability for Dumpster Market through your use of Dumpster Market’s Services;
- will not frame or link to our Services without our written permission; and
- will not knowingly involve the upload, or insertion of, any programming language or code into or onto the Website or the Dumpster Market Services.
- Information Posted Publicly. Unless otherwise indicated, transaction activity on Dumpster Market is intended to be made public, and you are authorizing Dumpster Market to use or repurpose this information (including without limitation any feedback or review a Customer may leave for a Hauler, or that a Hauler may leave for a Customer) within the scope of the Dumpster Market Services and this Agreement, including in a user identifiable manner, without notice or compensation to you. In order to maintain the safety, security and integrity of the Dumpster Market Service, you may not provide contact information to other Dumpster Market Participants prior to booking.
- Prohibited Activities. We may suspend or remove your account if we suspect that you have engaged in prohibited activities in connection with the Dumpster Market Services. We reserve the right to edit, amend, or delete any prohibited or malicious content that Participants submit on the Website or the Dumpster Market Services. Participants may not manipulate or attempt to manipulate other Participants’ accounts. Other prohibited activities include but are not limited to:
- requesting payment from another Dumpster Market Participants via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
- improperly influencing in any manner, or cause another to, improperly influence or manipulate in any manner the feedback of the Participants;
- posting and/or copying and pasting the content of Participants feedback review from the Website or the Dumpster Market Services to your own personal or business website, to any other third party website and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
- attempting to gain feedback by receiving multiple feedback from the same Participants (Participants may only leave one feedback rating, whether positive, neutral, or negative, to any other Participants, regardless of the number of matches that the two parties complete with each other);
- posting or attempting to post, in any manner or by any means, a feedback review on your own account;
- asking Customers to pay off-site through another form of payment, irrespective of whether not they already have paid through the Website or the Dumpster Market Services;
- changing, or in any way attempting to collect from Customers, as an additional charge to the total amount agreed upon for the services, the Dumpster Market Transaction Fee or any other fees charged to Haulers under this Agreement;
- representing or communicating to Customers that you are authorized or required to collect the Dumpster Market Transaction Fee;
- engaging in any conduct, act or behavior or causing another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the Dumpster Market Transaction Fee or any other fees charged by Dumpster Market;
- accessing the Website with crawlers, scrapers or other robots for purposes of data collection or data mining
- In the event that any prohibited activity results in the loss by Dumpster Market or nonpayment to Dumpster Market of a Transaction Fee or other fee to which Dumpster Market otherwise would be entitled, Dumpster Market shall be entitled to receive from you, and you shall pay on demand from Dumpster Market, an amount of One Hundred Dollars ($100.00). Such amount is intended as liquidated damages and not as a penalty. This shall not limit Dumpster Market’s ability to avail itself of any other remedy to which Dumpster Market may be entitled in equity or at law. You and Dumpster Market agree that the actual losses to Dumpster Market resulting from such prohibited activities are uncertain and would be difficult to ascertain, and that the amount stated above represents reasonable compensation in the event of a breach by you of these prohibitions.
- Participant Suspension or Removal. We reserve the absolute right to reject or suspend your participation, or remove you from your current participation, with the Dumpster Market Services at any time and for any reason or for no reason and without notice to you. Not limiting the foregoing, events that that may result in the suspension or removal of your participation include without limitation:
- any circumvention of the Dumpster Market Services by you or by others at your direction;
- your creation, maintenance and/or management of an excessive number of accounts;
- your circumvention or non-payment in full of our fees;
- any attempt by you to harass, or cause another to harass, or submit inappropriate communications to a Participants and/or a failure to deliver the promised services on time;
- any attempt by you to harass, or cause another to harass, or submit inappropriate communications to one of our employees, agents, or partners; or
- our knowledge of criminal convictions or civil actions which we deem to be of risk to the Dumpster Market community.
- Reinstatement. Upon your removal or suspension from the Dumpster Market Services you may petition for reinstatement. Your petition for reinstatement must include a written statement as to why you should be reinstated and an acknowledgement and understanding of previous violations. Your petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee that you will be reinstated. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple yes or no. All decisions are final.
FEEDBACK POLICIES AND OUR LIMITED ROLE IN DISPUTES
- Feedback and Ratings. For each Dumpster Market transaction, the Customer and the Hauler are allowed to rate each other by leaving feedback for one another. Feedback consists of a zero-to-five-star rating, along with a short comment about your experience. Ratings will be cumulative.
- Content and Use of Feedback. Feedback consists of comments left by other Dumpster Market Participants and a composite feedback rating compiled by Dumpster Market. You agree that you will not use your Dumpster Market feedback in any venue other than the Website and the Dumpster Market Services. Participants should always use caution and good judgment when leaving feedback for another Participant because, Participants could be held legally responsible for damages to a Participants’ reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (including without limitation the Communications Decency Act), because Dumpster Market does not censor feedback or investigate it for accuracy, Dumpster Market is not legally responsible for the remarks that Participants post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
- Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a Participant is a permanent part of that Participant’s profile. Generally, feedback comments cannot be edited at a later date. Participants should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another Participant r, or that may have been left for you. If you have a disagreement over feedback, you have the following options:
- Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other Dumpster Market Participant.
- Mutual Feedback Withdrawal. If both Participants are able to resolve a problem after feedback has been left, you can mutually agree to withdraw the feedback rating and comment. Both Participants must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both Participants.
- Feedback Comment Withdrawal. Dumpster Market will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain Dumpster Market policies and instances when Dumpster Market receives a valid court order to remove feedback.
- Dispute Resolution – Disputes with Dumpster Market. Disputes between you and Dumpster Market regarding our Services should be reported to Dumpster Market Support. Subject to the requirement that legal disputes must be submitted to arbitration as described in Section 54, we will attempt to resolve any disputes you have with us.
- Dispute Resolution – Disputes among Participants. Because we are a neutral venue, we are not responsible for resolving any disputes between you and other Dumpster Market Participants regarding services, and it is the responsibility of Customers and Haulers to resolve all monetary disputes, damage claims, breach of contract claims, or other claims outside of Dumpster Market. Not as a limitation on the foregoing, if you report a dispute to Dumpster Market, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between you and the other Participant. Therefore, if we are contacted by a Participants who claims to have a dispute with you regarding transactions completed on Dumpster Market and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to discuss or settle the dispute, you expressly authorize us to release your provided contact information to the Dumpster Market Participants and you agree to release us from any and all liability associated therewith. We encourage you to report all Participant-to-Participant disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies. Dumpster Market shall have no liability for, and you hereby release and agree to indemnify, defend and hold harmless Dumpster Market from any and all liability arising from or relating to, any act or omission of Dumpster Market with respect to any dispute arising between you and another Dumpster Market Participant.
- Refunds. In very limited circumstances, and at Dumpster Market’s sole discretion, Dumpster Market may issue refunds to Customers for services that have not been provided or completed. Dumpster Market shall not provide refunds relating to any completed services.
OUR MOBILE APPLICATION
- Usage. If we make available a mobile application, when using the Dumpster Market Services on a mobile device and/or the Dumpster Market mobile application, you shall: (a) observe all traffic laws and otherwise drive safely; (b) use your good personal judgment while driving, (c) not interact with the app, unless your vehicle is stationary and legally parked; (d) not use the Website Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
- Compatibility. Dumpster Market does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software or equipment. Compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and Dumpster Market shall have no liability should these problems arise. You assume all responsibility and risk for the use of the Dumpster Market Services and mobile applications.
- No Obligation Regarding Versions. You may only access the Dumpster Market Services using authorized means. It is your responsibility to check to ensure you download the correct application for your device. Dumpster Market is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. Dumpster Market reserves the right to terminate the Dumpster Market Services and the use of any mobile application or version thereof, including without limitation in the event you use the Dumpster Market Services or mobile application with an incompatible or unauthorized device. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Dumpster Market Services or mobile application.
- No Agency. Your agreeing to be bound by the terms of this Agreement, your provision of services and/or your use of the Dumpster Market Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us.
- Release and Indemnity Regarding Disputes among Participants. Should you have a dispute with one or more Dumpster Market Participants, you release and agree to hold harmless, indemnify and defend Dumpster Market, LLC and its owners, governing persons, agents, and employees from and against all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any injuries or damage to property.
- Indemnity Regarding Your Actions. You agree to hold harmless, indemnify and defend Dumpster Market, LLC and its owners, governing persons, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, breach of any separate agreement made between you and another party through the Dumpster Market Services or violation of any law or the rights of a third party.
- Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
- Taxes. You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Dumpster Market. All fees stated for use of the Dumpster Market Services are net of any applicable taxes.
- Record Keeping/Audit. Dumpster Market reserves the right to keep all records of any and all transactions and communications between you and other Participants for administration purposes in accordance with all applicable laws and regulations. All Haulers are required to retain records of transactions bid or obtained through the Website for one (1) year from the date of the services performed. Dumpster Market shall have the right to review, inspect and copy such records for the purpose of determining compliance with this Agreement on reasonable notice.
- Non-solicitation. During the term of this Agreement you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of Dumpster Market’s other business relationships including but not limited to those with other Dumpster Market Participants. Specifically, you shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any Dumpster Market Participant in which you initially constituted a relationship through Dumpster Market.
- Unsolicited Idea Submission. We always want to receive messages and feedback from Dumpster Market Participants and welcome any comments regarding the Website or the Dumpster Market Services. However, Dumpster Market policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Dumpster Market might be similar or even identical to your idea. If you do send Dumpster Market an unsolicited suggestion, idea, or proposal, or if you send, at the request of Dumpster Market, a comment or suggestion to improve the Website or the Dumpster Market Services (for example, through discussion boards or via email) (collectively, the “Submission”), Dumpster Market will consider the Submission to be non-confidential and non-proprietary. Dumpster Market shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Dumpster Market shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.
- Remedies. Remedies for use of the Website or the Dumpster Market Services that violate this Agreement or our Policies include, but are not limited to, the immediate removal your listing(s), bids and/or profile, notifying our Participants of your actions, issuing a warning, temporarily suspending your account, terminating your account, and refusing to provide our Services to You. Dumpster Market reserves the right to exercise any rights or remedies which may be available to it against the Participant if the Terms and Conditions of this Agreement are violated. Exercise of one remedy shall not preclude the availability of another remedy.
- Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to the Website, the Dumpster Market Services, or tools including those of third party solution providers (collectively the “Services and Tools”). You further acknowledge that operation of and access to the Services and Tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of the Services and Tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude and disclaim all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, warranties of non-infringement, or warranties of fitness for a particular purpose. In addition, to the extent permitted by applicable law, we are not liable, and you agree to release and hold harmless Dumpster Market from, any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- viruses or other malicious software obtained by accessing the Services and Tools;
- glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in the Services and Tools;
- the content, actions, or inactions of third parties, including items listed in the Services and Tools;
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
- changes to the availability of the Services and Tools, or planned or unplanned service downtime; or
- changes to any Dumpster Market products or features, or to the Services and Tools.
Dumpster Market is not liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connect with your access to, display of or use of the Website or Dumpster Market Services or with the delay or inability to access, display or use the Website or Dumpster Market Services (including, but not limited to, reliance upon reviews appearing on the Website, any computer viruses, information, software linked or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consider protection statutes, or otherwise, and even if Dumpster Market has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this Agreement, Dumpster Market’s liability to you for any action relating to the Dumpster Market Services, the Website or otherwise, irrespective of the form of the claim, shall not exceed twelve (12) months of fees actually paid to Dumpster Market in connection with the Dumpster Market Services with respect to the specific Dumpster Market Services in question, as provided to you.
Some jurisdictions do not allow certain disclaimers of warranties or limitations or exclusion of damages, so such disclaimers and exclusions may not apply to You.
- Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Dumpster Market Services, and your listing of jobs and description of items, or offers to dispose of such items.
- Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Dumpster Market to collect our fees and/or recover damages for, or obtain an injunction relating to, the Dumpster Market operations, intellectual property, and the Dumpster Market Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Austin, Texas before a single arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Trademark and Domain Name Protection. The Website and the Dumpster Market Services contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by Dumpster Market. Unless otherwise agreed to in a writing signed by Dumpster Market that specifically references this Section 55, no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the term of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or Dumpster Market Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing Dumpster Market’s name or trademarks without the express written consent of Dumpster Market. You shall not use or register any domain name that is identical to or similar to any of the Marks.
- Security. Dumpster Market uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of the Website and the Dumpster Market Services can be interrupted by numerous factors outside of our control.
- Governing Law and Venue. This Agreement and your use of the Website and the Dumpster Market Services shall be governed by the laws of the State of Pennsylvania, without regard to its conflict of laws principles. Exclusive venue for any dispute that cannot be submitted to arbitration as required by Section 54 shall be in any court of competent jurisdiction in Travis County, Texas.
- Other Terms and Conditions. We have the sole discretion to set forth and post additional terms and conditions for your use of the Dumpster Market Services at various places throughout the Dumpster Market Services. Such additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. If there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
- No Modification; Severability; Waiver; Attorneys’ Fees; Interpretation. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by applicable authority, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
If you do not agree to all of the terms and conditions of this Agreement, you must not use the website or Dumpster Market Services. By using the Dumpster Market Services and the website, you acknowledge that you have read and understood the terms and conditions of this Agreement and you agree to be bound by these terms and conditions.