DUMPSTER MARKET TERMS OF SERVICE
Dumpster Market, LLC, a Delaware limited liability company, with an address of 485 Massachusetts Ave. Suite 328 Cambridge, MA 02139, 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
1. Customer. A person (whether an individual, company or other entity or organization) that arranges to have junk or waste removed by a Hauler.
2. Hauler. A person (whether an individual, company or other entity or organization) that provides junk or waste removal services to a Customer.
3. 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.
4. Person. Any individual, company or other entity or organization.
OUR ROLE IN TRANSACTIONS BETWEEN CUSTOMERS AND HAULERS
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
12. 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.
13. 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.
14. 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.
15. 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).
16. 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.
17. 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
18. Cancellation Requests. A cancellation may be requested by either the Customer or the Hauler after checkout through the Dumpster Market Website, but before any services are performed. Cancellations should only be requested after reasonable attempts have been made by the Customer and Hauler to reach an agreeable solution and it is certain that the services that were booked on the Dumpster Market Website must be cancelled. Either the Hauler or the Customer must make the request at least 48 hours prior to the time the dumpster is scheduled to be delivered. Failure to cancel within the time frame set forth herein will result in a $150 charge to the cancelling party’s credit card, Hauler account (if applicable) and/or other payment method
19. Refunds and Credits. For all cancellations that have been made in a timely basis, the amount charged at checkout will be refunded to the Customer through the payment method originally used, less a service charge of twenty-five dollars ($25.00).
20. 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|
21. 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.
22. 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
23. 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.
24. 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.
25. 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
26. 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.
27. 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.\
28. 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:
a. will not violate any international, federal or state law, regulation, rule, or statute;
b. will not violate the terms of this Agreement;
c. will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
d. will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
e. 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;
f. 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;
g. 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;
h. will not be used for commercial or public purposes outside of the requirements of this Agreement;
i. will not knowingly create liability for Dumpster Market through your use of Dumpster Market’s Services;
j. will not frame or link to our Services without our written permission; and
k. will not knowingly involve the upload, or insertion of, any programming language or code into or onto the Website or the Dumpster Market Services.
29. 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.
31. 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:
a. 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);
b. improperly influencing in any manner, or cause another to, improperly influence or manipulate in any manner the feedback of the Participants;
c. 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;
d. 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);
e. posting or attempting to post, in any manner or by any means, a feedback review on your own account;
f. 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;
g. 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;
h. representing or communicating to Customers that you are authorized or required to collect the Dumpster Market Transaction Fee;
i. 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;
j. accessing the Website with crawlers, scrapers or other robots for purposes of data collection or data mining
k. 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.
32. 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:
a. any circumvention of the Dumpster Market Services by you or by others at your direction;
b. your creation, maintenance and/or management of an excessive number of accounts;
c. your circumvention or non-payment in full of our fees;
d. 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;
e. any attempt by you to harass, or cause another to harass, or submit inappropriate communications to one of our employees, agents, or partners; or
f. our knowledge of criminal convictions or civil actions which we deem to be of risk to the Dumpster Market community.
33. 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
34. 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.
35. 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.
36. 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:
a. 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.
b. 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.
c. 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.
37. 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.
38. 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.
39. 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
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
51. 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.
52. 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:
a. viruses or other malicious software obtained by accessing the Services and Tools;
b. glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in the Services and Tools;
c. the content, actions, or inactions of third parties, including items listed in the Services and Tools;
d. 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.
e. changes to the availability of the Services and Tools, or planned or unplanned service downtime; or
f. 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.
53. 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.
54. 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.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.